Who owns the oil and gas rights, the surface owner or the coal and mineral owner?

I have two properties one I get gas royalties. I don't own the coal and mineral rights but I do own the gas and oil rights. The other property I don't own the coal and mineral rights but it is not specified who owns the oil and gas rights. Why would it be the coal and mineral owner? I own the land and there is no specification as to who owns the oil and gas rights. It is not a mineral or coal which are specified, it seems they only purchased those rights. I pay alot of taxes on the land and feel I have more of the right to oil and gas rights.

I live in Pa and would like to find out if this is an issue with other land owners.

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Permalink Reply by Billy Park Whyde on March 1, 2012 at 10:08am

I'd call and ask the PA DEP that handles Gas and Oil  and throw the question at them for the H of it.  Of course I'd also keep track of your question here as well. 

Permalink Reply by owner on March 1, 2012 at 10:36am

In Pa, the oil and gas rights are separate from the mineral rights.   Mineral rights may have been sold but you still retain the oil and gas rights unless it specifically stated that those rights have also been sold.  If an abstract shows tht the oil and gas rights have never been sold on your property, you will own those rights. 

Permalink Reply by Michael Omerzo on March 1, 2012 at 5:25pm

In Pa. If you kept your oil and gas and mineral rights do you get taxed seperate if you sold your land at half the cost of the land normally?  I did just that and was told that I should have been paying tax on the oil and gas and minerals.  Thanks

Permalink Reply by Cindy Stuben on March 1, 2012 at 10:32pm

I pay taxes on royalties. Why do you pay taxes every year on minerals or gases that haven't been accessed?

Permalink Reply by Cindy Stuben on March 1, 2012 at 10:26pm

This was good information to know. So alot of people still own the gas and oil rights to their properties. The marcellus shale is still in litagation though.

Permalink Reply by Cindy Stuben on March 1, 2012 at 10:23pm

Well I read up on coal bed methane and tell me if you know if my breakdown of the two seems right. Coal bed methane is a breakdown of coal into a gas, and marcellus shale is a trapping of gases in between shale? Thanks

Permalink Reply by Finnbear on March 2, 2012 at 12:04am
Permalink Reply by owner on March 2, 2012 at 7:47am

Pa courts have ruled that if methane is in the coal seam, it is owned by the entity that owns the coal rights (mineral rights), if the gas is not in the coal seam, it is owned by the entity that owns the oil and gas rights.  The methane is a danger while mining and has always been a problem for the coal companies, but in the past 10-20 years, coal companies have started coal methane drainage and found that they could obtain enough gas that they could profitably sell the gas.  Before the Pa courts had ruled that the mining companies owned the gas in the coal, the mining companies just vented the gas to atmosohere, after the ruling the companies started to capture the gas.   When gas prices where high, before the marcellus shale gas boom started, Consol energy was making a bigger profit on its gas operations rather than its coal sales.   

Permalink Reply by Finnbear on March 2, 2012 at 12:46pm
Coalbed methane comes from the coalbed. It is a part of the natural succession of the carbon chains that formed the coal.
Permalink Reply by Cindy Stuben on March 2, 2012 at 12:33pm

Thanks everyone for all the info , now I quess the Marcellus shale question is up to the courts.

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