Giving Back to the Community

Published on Tuesday, 25 October 2011 14:42 Written by Lawrence D Brudy, Esquire

Lawrence D. Brudy & Associates, Inc. was a proud sponsor of several golf outings benefiting Western Pennsylvania organizations that include the Northwood Charitable Foundation at Hidden Valley Resort, Butler Bluesox at Lake Arthur Country Club and the Mylan Classic at Southpointe Golf Club.  In addition, the firm sponsors two (2) teams of the Pine-Richland B.S.A. Indians and is a Children’s Hospital & Conway Sportsmen’s Club donor.

Look for us in the Mylan Classic Official Spectator Guide, Landman a publication of the American Association of Professional Landmen, Gas Business Briefing (www.gasbb.com)

Changes to the Dunham Rule

Published on Tuesday, 25 October 2011 14:20 Written by Lawrence D. Brudy, Esquire

Butler v. Charles Powers Estate, 2011 PA Super 198; No. 1795 MDA 2010

In Pennsylvania, a reservation or exception of “minerals” in a deed without specific mention of natural gas or oil creates a rebuttable presumption (an assumption of fact accepted by the Court until disproved) that the grantor did not intend for “minerals” to include natural gas or oil.  Dunham v. Kirkpatrick, 101 Pa. 36 (1882).

In Butler v. Charles Powers Estate, the Butlers are owners of 244 acres in Susquehanna County, Pennsylvania.  The deed of conveyance contained the following exception reserving;

“[O]ne half the minerals and Petroleum Oils to said Charles Powers his heirs and assigns forever together with all and singular the buildings, water courses ways waters water courses rights liberties privileges hereditaments and appurtenances whatsoever there unto belonging or in any wise appertaining and the reversions and remainders rents issues and profits thereof; And also all the estateright, title interest property claimed and demand whatsoever there unto belonging or in any wise appertaining in law equity or otherwise however of in to or out of the same....”

Butler complained that a reservation of “one half the mineral and Petroleum oils” included the Marcellus Shale and all gas contained therein.  The Susquehanna County Court of Common Pleas dismissed the case.  On appeal, the Superior Court of Pennsylvania reversed and remanded Butler for further proceedings to determine:

i. That Marcellus Shale is a mineral consistent with the reservation of rights in the Butler deed;

ii. That previously decided cases are distinctive from Butler as those cases dealt with conventional gas (defined as gas that is the most practical and easiest to mine) compared to Marcellus Shale gas (containing unconventional gas reservoirs) and;

iii. That the owner of the Shale should own the gas trapped within it, following the U.S. Steel Corp. v. Hoge, 503 Pa. 140, 468 A.2d 1380 (1983) case which provides that the gas present in coal belongs to the owner of the coal.  (Said case remains good law today)

The Natural Gas Age present and growing in Pennsylvania which has followed well settled law regarding the treatment of oil and gas may be in a period of flux until Butler is finally decided.

As stated in previous Newsletter editions, careful drafting of documents involving the conveyance or exception and reservation of minerals, oil & gas, coal and associated hydrocarbons should be reviewed by an attorney prior to execution and recording.  Language in deeds that have required analysis and opinions based upon the holdings of Dunham, Highland and Hoge need to be quarantined until Butler has a final decision.  Certified Title Opinions involving Butler issues will most likely contain qualifying disclaimers as to subsurface interest marketability.

Read more about the case at www.leagle.com

Lawrence D. Brudy & Associates, Inc. and the Monteverde Group, LLC establish strategic cooperative

Published on Friday, 05 August 2011 20:48 Written by Lawrence D. Brudy & Associates, Inc

Protecting Clients' Income

The firm’s attorneys and certified public accountants are often asked, “Who do you recommend to discuss investments with?”

The fast rising Marcellus Shale industry has and will provide more landowners with options to perpetuate wealth now and into the future for family members. Financial planning issues can arise out of but not limited to lump sum retirement packages, inheritances, gifts, personal injury awards and oil/gas bonus and royalty payments.

James W. Monteverde, president and CEO, of Monteverde Group, LLC, has built his firm on a foundation of the highest professional and personal levels of trust and confidentiality.

With links to the global market and access to major policy-making organizations, the Monteverde Group, LLC serves clients across the U.S. in a variety of financial areas.

Two areas in particular are vital to beneficiaries of the Marcellus Shale industry; Moneteverde’s wealth management division is designed to produce individually tailored, diversified, investment portfolios with the goal of maximum return while assuming the least or appropriate amount of risk. Also, through Wealth Transfer Planning, clients work with the Monteverde Group, LLC to design a financial program to pass along their wealth as efficiently as possible to their loved ones through estate and legacy planning .

The Monteverde Group, LLC is headquartered in downtown Pittsburgh, Pennsylvania with offices in Wheeling West Virginia and Bonita Springs, Florida.

To arrange a personal introduction with any of the two firms’ professionals contact Thomas J. Kearn, CPA, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or toll free at (855)935-1400 for more information.

News Brief: On the Tee

Published on Friday, 05 August 2011 20:31 Written by Lawrence D. Brudy & Associates, Inc

As part of its community involvement, Lawrence D. Brudy & Associates, Inc. has become a corporate sponsor of the Mylan Classic, a Nationwide Tour tournament at Southpointe Golf Club, at the Southpointe Business Park near Canonsburg, Aug. 29-Sept. 4. The tournament, sponsored by Mylan, the pharmaceuticals giant, brings in rising professional golfers from all over the world, and benefits a host of charities.

Earlier, Lawrence D. Brudy & Associates, Inc. was a sponsor of the Northwood Charitable Foundation golf tournament at the Hidden Valley Resort June 27.

News Brief: Growing with the Field

Published on Friday, 05 August 2011 20:27 Written by Lawrence D. Brudy & Associates, Inc

The Lawrence D. Brudy & Associates, Inc. energy practice has grown to a staff of 31, including attorneys, paralegals, title examiners, legal assistants and title abstractors, serving 24 Pennsylvania counties.

They provide certified title opinions for oil, gas, coal, coal bed methane and minerals, landowner lease, purchase, sales negotiations, and oil and gas valuations and title curatives.