Legal Question in Real Estate Law in Pennsylvania

Re: surface rights

In certain parts of PA, surface rights and mineral rights may be owned by different people. Mineral rights may be acquired from the owner. Of course, the owner need not agree, and if it does, there will be a purchase price.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Re: surface rights

Dear Inquirer: To obrtain mineral rights to any real property, you must obtain such written consent, signed by the owner(s) of the real property, specifically describing what mineral rights are being granted,and what you will pay the owner for such rights, and during what periods of time.

Additionally, you must also obtain specifics as to restoration of the property after you remove the minerals.

You must also verify, with the State's Department of Natural Resources, what their regulations are that apply to such rights, removal and restoration.

You should obtain the services of an experienced legal counsel to advise, assist and guide you through the involved legal process.

Good ;uck!

Sincerely, J. Norman Stark