Legal Question in Real Estate Law in Pennsylvania

Definition of Minerals vs. Oil and Gas

My deed has an exception and reservation. about coal and all underlying minerals. it says nothing about gas and oil rights. are gas and oil rights seperate from coal and minerals. and if they are not specifically called out does that mean that i own them.


Asked on 3/07/06, 9:48 am

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Definition of Minerals vs. Oil and Gas

It depends. (That's basically the lawyer answer to every question).

Mineral and coal rights are very generally intertwined. If your deed specifically states coal and minerals it could mean all natural reources or only those specifically meant to be part the understanding of minerals at the time of the making of the deed.

I am not very familiar with mineral rights but if you live in coal country there are attorneys near you that can help. You need to speak with a real property lawyer that has knowledge and experience with mineral rights. A few calls to local lawyers should get you a good referral.

They will need to look at the documents you provide and possibly do some research. You have a valid question and it is worth the investment of a little legal time (and your money) to get you an answer.

Good luck.

Roger Traversa

[email protected]

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Answered on 3/07/06, 10:30 am
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Definition of Minerals vs. Oil and Gas

Here's the bottom line...hire an attorney to find out as it is...you probably DO NOT own the mineral rights or the gas and oil rights. The only way to determine if you do is to have a mineral title search conducted by a professional. But it is very unlikely that you own these rights.

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Answered on 3/07/06, 5:04 pm


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