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  1. #1
    Join Date
    Jun 2010
    Location
    Central PA
    Posts
    3

    Default Buying Land Without the Mineral Rights

    My question involves real estate located in the State of: Pennsylvania

    I am looking to purchase land in Pennsylvania. The seller is only selling the surface rights and keeping the mineral rights. I understand that PA law allows the mineral rights owner to access minerals via the surface by reasonable measures. No one lists these reasonable measures and I guess they are open for interpretation?

    My main question is that the land (surface only) I am looking to buy has the mineral rights currently leased (since 2008). The lease is a legal document and is for 5 years with one 5 year renewal. Obviously, I am bound by this document. Do I have legal rights as far selecting the location/disturbance on the surface if it impairs my rights. I would like to build a house in a select location and am concerned about the drilling company using this location?

    Any advice would be greatly appreciated.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,579

    Default Re: Buying Land Without the Mineral Rights

    Here is where you should start as an idea of what you are getting into:

    http://www.dep.state.pa.us/dep/deput...gas/fs2834.htm

    Good Luck!

  3. #3
    Join Date
    Jun 2010
    Location
    Central PA
    Posts
    3

    Default Re: Buying Land Without the Mineral Rights

    Thanks. I have looked there and read up on what I could find. I spoke with the gas company in the area I am looking to buy land. There response was that you can do what you want with the surface as far as building a house, garage, barn, etc. It all comes down to who is there first. If you have started or have a building, they have to abide by the 200 foot setback rule. However, if you buy and they start drilling before you build in the location you are planning too, then they are their first and will have first rights. So it's who gets their first. In my situation, the lease has been signed by the persons selling the land. They do have to notify the landowners about their drilling permit and look for public comment. If I move forward, I better get something started.

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