We were approached by a land management rep in PA with an interesting dilemma. One parcel of the land we own (and they want gas out of) has an ambiguous wording on the deed pertaining to gas rights. Where typically the wording would say "excepting and reserving" the word RESERVING is missing. The gas company is unsure of who owns the rights and is reaching out to both parties - seller and landowner (us) to try to resolve. While we have not yet heard any outcome from meeting with other party we are curious if anyone thinks we have a case here...apparently the gas company is unwilling to choose a side.
Thanks for your input

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John,

     I thought I was the only one who knew the secret about lawyers. Only those who have had the experience or observed others going through the experience of trying to correct a mis-justice would know this fact. All others are still waiting to learn the truth. 

I noticed on two occasions that my case was iron clad until the we signed the contract, then a month later the issue could no longer be won since the Defendant had some extra cash that trumped our fees.

Recognizing a problem is the first step to writing a law that blocks un-ethical behavior.

Ron,

In this instant case there were 4 parties at fault. The Grantor's and the Grantee"s lawyers who probably charged plenty to prepare or review the Deed, were negligent in allowing such an ambiguous clause, involving such a valuable asset, to be in the Deed. It doesn't appear to be patently ambiguous, as is common used by the word bending trade, just mere carelessness.

The other parties at fault were the Grantor and the Grantee, who if they could read and understand the meaning of the words trusted their lawyers and blindly signed the document. The lesson to be learned here is proof-read any documents that you sign.

Most general legal documents are prepared by legal assistants who do the bulk of the retail trade. Lawyers occasionally make big mistakes and in few cases are held accountable. Caveat emptor!  You have to look out for yourself!

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