"Repeated Language" this reasoning negates O&G rights!?!

I'm hoping someone may be able to shed some light on what this means. I've been talking to some landmen who have stated that due to "repeated language" that appeared in several deeds , "excepting and reserving" for coal, mining, oil and gas that we do not have any rights to the minerals. I know for a fact that they signed with the current landowner recently, which of course would be easier for EQT than signing with myself and numerous cousins. With that being said I've spent an extensive amount of time researching the deeds and mineral rights. I have looked at a will from 1925 that equally divided the estate with the surface land and mineral rights in Springhill Twp. From this will (great, great grandfather) I have pulled all the deeds. To me it would make absolute sense to repeat language that would retain the mineral rights and to continuously reference this will as the original source thereby showing that the parties expected to retain their rights when the surface land was sold.

We were all originally contacted about the O&G by Chesapeake in 2010 who wanted us to sign a lease, I really believe that a mistake has since been made and they have entered into an agreement with the current landowner. I truly do not understand how this surface landowner has our mineral rights.

Any help, suggestions, explanations would truly be appreciated.

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Permalink Reply by Lisa McKenzie on May 3, 2019 at 12:32am

You need a lawyer to examine the exact language in your documents.

Permalink Reply by S Isiminger on May 3, 2019 at 3:57am

Any suggestions for an attorney in Greene county?

Permalink Reply by Lisa McKenzie on May 4, 2019 at 4:53am

Our interests are mostly in Marion Co, WV.  I work with Alex Miller.  His contact details are:  millerlawofficeswv@gmail.com and

(304) 366-0822

Permalink Reply by S Isiminger on May 4, 2019 at 6:46am

Thanks Lisa, I'll tuck his information away, we may possibly have some interests in Marshall county WV.

Permalink Reply by S Isiminger on May 3, 2019 at 2:39pm

The landowners deed states that the Pittsburg coal is "excepting and reserving". Next paragraph does the same with the Mapelton seam. Then the next paragraph, subject to the reservation and exception of the oil and gas as heretofore reserved. I agree that this could have been been made clearer, however following this deed back through the others the O&G, along with the two coal seams has always been mentioned.

Permalink Reply by S Isiminger on May 4, 2019 at 6:54am

Hi, I'm not terribly proficient with this site, however I thought I read on my phone this AM who the person in the photo was. Funny, I stared really hard before you shared and this would indeed be my grandpap. :) I'm their eldest grandchild. My grandmother would talk about him riding down to the barn to get his horse Queenie in the winter since when he started working cars didn't do well in the snow. I've copied the photo and I plan on sharing it with my siblings, they'll get a kick out of this. Thank you!

Permalink Reply by LewPa on May 4, 2019 at 12:30pm

S Isiminger,

It was on here earlier today, got yanked for whatever reasons, pretty sure it was from Carp.

Permalink Reply by S Isiminger on May 5, 2019 at 3:20am

Thanks LewPA. Good to know. Hopefully, I'll hear from Carp again, I believe we might possibly be related.

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