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Permalink Reply by Barry D on September 27, 2016 at 1:45pm

Yes, you can sever the mineral rights.

The deed would simply note the reservation.

You could insert language that allows use of the surface for oil and gas exploration.

Consult a real estate attorney to be certain.

Is it practical? Depends on if the prospective buyer will accept the reservation.

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Permalink Reply by G.H. on September 27, 2016 at 2:56pm

You can also keep just a certain percentage.  May be useful if the buyer has their mind set on owning oil and gas as well.

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Permalink Reply by Gas Boy on September 28, 2016 at 2:40am

Yes, you can separate the minerals from the surface concerning a tract of land.

An "Exception and Reservation" clause will need to be inserted into the language of the new Deed stating that the Grantor (seller) is excepting and reserving all oil and gas under said tract of land.

In Pennsylvania, the mineral rights (oil, gas, coal, limestone, etc.) are dominant over the surface rights.  The surface owner cannot stop the mineral owner from developing the mineral rights, and thus would only be entitled to "surface" damages from the operation.

A bit of advice - seek out an experienced Attorney who specializes in Real Estate conveyances.  The courts in Pennsylvania do not look favorably on the landowner who drafts his own Deeds and screws them up.  Though, drafting on owns Deeds are permissible by law. 

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Permalink Reply by mark jamison on October 7, 2016 at 1:39am

A bit more advice. Don't plan on actually selling you property if you do retain the mineral rights. Put yourself in the prospective buyers shoes. All the pain and none of the gain.

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