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In Pa. can the person that owns the mineral rights to my property give permission to a Land Services Co. access my land.

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The land services co. said they don't need my permission to come on my property. They have numerous ribbons hanging off the trees in a diagonal line through my property.

Attorney Answers 3

Posted

You would have to check the language of the reservation of minerals. I am assuming this is for oil and gas. If in the reservation, the oil and gas owners say with the right to extract same and enter premises then the oil and gas company does not need your permission. I would be happy to look at your deed and give you more detailed information. I work in the Uniontown area so please feel free to contact me at your leisure 724.580.7401.

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5 comments

Clifford L. Tuttle Jr.

Clifford L. Tuttle Jr.

Posted

It can be more complicated than that. If there is a reservation of mineral rights or conveyance, it could be in the chain of title, potentially going back 150 years. We can't assume that the adverse interest is for oil and gas. In fact, a reservation of "minerals" only, without reference to oil and gas probably does not affect the oil and gas estate. I have dealt in coal, oil and gas and other mineral titles in Pa for almost 40 years and know the field very well.

Amanda Leigh Fitzhugh Porter

Amanda Leigh Fitzhugh Porter

Posted

That is precisely true. I was just giving a general answer as to what would constitute giving permission to the oil and gas company to enter the land. There are definitely a lot of complicated variables that determine what rights are given. PA law requires that a reservation for oil and gas specifically states oil and gas and a blanket reservation stating minerals does not constitute a valid reservation of oil and gas. The reservation and chain of title would certainly have to be analyzed.

Clifford L. Tuttle Jr.

Clifford L. Tuttle Jr.

Posted

The owner hasn't enlightened us as to the exact nature of the adverse mineral interest or the type of development. For all we know, they could be laying a pipeline.

Amanda Leigh Fitzhugh Porter

Amanda Leigh Fitzhugh Porter

Posted

I do know they are putting in a large pipeline in this area and, in some cases, are replacing 100 year old pipelines, so that is definitely a possibility as well.

Asker

Posted

Thank you for the replies, I wish I would have explained it better. They are putting sensors in the ground to see if there is oil or gas. They never asked to enter property, 3.77 acres, they can hardly speak English. My question is '' Do they have any right to come on my property because the owner of the mineral rights says so.

Posted

You don't say the exact nature of the mineral ownership. Is it oil and gas or coal? Are they proposing to drill a well on you property? Or a surface mine?

I suggest you hire a lawyer that knows something about mineral rights. He or she can ask the company for title references and look up the documents. If they don't cooperate, he or she can look it up in the courthouse. The answer depends on the rights conferred in the chain of title. As the owner of the surface land, you may have more rights than you think.

Clifford L. Tuttle, Jr.
Attorney at Law
Pittsburgh, Pa

The foregoing answer does not constitute legal advice and does not create a lawyer-client relationship. Answers are based upon the facts stated and may change if there are additional facts not contained in the question.

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Posted

I agree with my colleagues.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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