Severing the Solid Minerals, Oil and Gas Interests from the Surface Estate
Published on Wednesday, 01 June 2011 07:37 Written by Lawrence D. Brudy & Associates, Inc.
Severing the Solid Minerals, Oil and Gas Interests from the Surface Estate
In Pennsylvania, the surface land can be severed vertically and horizontally into different estates, created by grant or reservation. The grantor of the land can “except and reserve” interest to some or all of the solid minerals, and/or oil and gas interests. A reservation of one or all of these interests implies an easement of the surface estate for removing the oil, gas and subsurface minerals. When this type of estate is created (in the deed of conveyance) the grantor will retain the “dominant” estate and the grantee will retain the “servient” estate.
In Pennsylvania, the surface land can be severed vertically and horizontally
When a landowner conveys the surface estate and severs (retains ownership) of the subsurface estate, two independent estates are created. Each can be owned by different parties. A purchaser of property needs to take extra care if a seller has previously conveyed or leased any subsurface strata (typically referred to as an exception) or is reserving a subsurface interest, vertically or horizontally. Buyers need to review, in advance, any and all exceptions and/or reservations, whether or not embodied in a deed or lease, for a determination on how each was created and what surface rights have or have not been restricted. We recommend that prior to the purchase, a buyer has a 150-plus year title search, with an attorney certification as to the quality of the title of the subject property.
Contact Julie L. Morris, Paralegal at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. for more information.