Inherited some land and looking for advice

 

My brothers and I recently inherited 80 acres of property in Wayne Township, Greene County.  Our uncle had owned the property since 1963.  He never lived or worked there.  The mineral rights were excepted and reserved on the deed but I do not know who owns them.  There was an operating gas well on the property until the mid 90’s when the well was capped.  Before it was capped, free gas was available for the farm house that was on the property.

 

My question is could we have any play in the Marcellus Shale with property where we apparently do not own the gas rights?  Would I need to find the gas rights owner or does that make any difference? 

 

Can somebody please provide some advice?  What are my first steps or do I have nowhere to go with this property in Marcellus Shale?

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Permalink Reply by gregory burke on August 22, 2011 at 12:30pm

Yes I got my answer.  Apparently before the executor of my uncles will tranfered the property to us, he got a limited title search from an attorney Sean Cassidy out of Greensburg.  This report certified that the surface owner does not own any interest in the oil and gas underlying the property.  After it was clear that the deed did not convey any gas ownership, the attorney for my uncle's estate stopped the search before it was completed.  Attorney Cassidy wanted another $4K to complete.

 

It appears that the rights are vested in Trio Petroleum Corp., Waco Oil and Gas and the surveying heirs of a Mr. George Hoy based on a deed from 1908.  He did indicate that in all likelihood, the leasehold interest under said lease is now vested in Dominion Exploration & Production.

 

Having learned all that, I am thinking that I have no potential play in the gas.  if all the experience you have tells you something different, please let me know 

0ym9x5ag7ury2Permalink Reply by 0ym9x5ag7ury2 on October 17, 2012 at 2:21pm

Greg,   Search PA Law/Code for a law that returns the minerals to you if the owner has not acted on them for a period of time. See Ohio Revised Code 5302.11 Quit-claim for an example. I don't know what PA has if any similar code.

Also check your Uncle's Real Estate tax records to see if he has been paying taxes on the Surface and Mineralsl. If so you may be the owner since no one else has paid the Real Estate taxes.

With some luck and effort on your part, you may find you own or can reclaim the minerals.

When you are dealing with a potentially large sum of money, its best to check behind your lawyer. Remember "Money Brings Out The Worst In People".

0ym9x5ag7ury2Permalink Reply by 0ym9x5ag7ury2 on October 17, 2012 at 2:48pm

See the above reply. Good Luck.

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