Short answer: In Pennsylvania, the person who owns the land surface does not always own the oil, gas, or coal underneath it. Mineral rights in PA can be sold or kept separately from the surface, sometimes generations ago. The only reliable way to know who owns them is to trace the deed history and review any reservations, old leases, and court records.
This post walks you through how Pennsylvania mineral rights get split from the land, where to look in Washington County, and when it makes sense to hire someone to give a formal opinion. It is part of our oil and gas law resource center. If you already know you own minerals and need help, see how we help mineral owners.
How mineral rights get separated from the surface
Land ownership in Pennsylvania can be divided into layers. The two main layers are the surface estate (the ground you walk on, plus buildings) and the mineral estate (oil, gas, coal, and other minerals below). When those layers are owned by different people, the property has a severed estate.
Severance usually happens in one of three ways
- A reservation. A seller keeps the minerals when selling the land. The deed might say the seller “reserves” or “excepts” the oil and gas.
- A separate mineral deed. An owner sells only the minerals to someone else and keeps the surface.
- Coal severance. Much of southwestern Pennsylvania had coal sold off separately in the late 1800s and early 1900s. A coal severance may or may not include oil and gas. The exact wording matters.
An exception and a reservation are similar ideas. Both mean a deed did not pass everything to the buyer. Courts read the exact wording of each deed, so small differences in language can change who owns what.
Because of this history, many Washington County landowners are surprised. A family may have owned a farm for 50 years and still not own the gas under it.
How to check who owns mineral rights in PA: a step-by-step checklist
Use this checklist as a starting point for a PA mineral rights title search. It will not replace a formal title opinion, but it will show you what questions to ask.
| Step | Where to look | What you are looking for |
|---|---|---|
| 1. Pull your current deed | Your closing papers, or the Washington County Recorder of Deeds | The legal description and any language about oil, gas, coal, or minerals |
| 2. Trace the deed chain backward | Washington County Recorder of Deeds (grantor and grantee indexes) | Every prior owner, back far enough to find when minerals were first severed |
| 3. Read each deed for reservations and exceptions | Each deed in the chain | Phrases such as “excepting and reserving,” “oil and gas,” “coal,” or “minerals” |
| 4. Search for recorded leases and assignments | Recorder of Deeds (lease and miscellaneous records) | Old oil and gas leases, memoranda of lease, assignments to new companies |
| 5. Check estate records | Register of Wills / Orphans’ Court | Whether minerals passed through an estate, and to whom |
| 6. Review tax assessment records | Washington County assessment office | Whether a separate mineral parcel exists (see the caution below) |
| 7. Look up nearby wells | PA DEP Oil and Gas Mapping (eMapPA) | Wells and permits on or near your property, and the operator’s name |
Step 1–3: The deed chain
The deed chain (also called the chain of title) is the series of deeds that shows each transfer of the property over time. Start with your own deed. Then use the grantor and grantee indexes at the Washington County Recorder of Deeds to find the deed into the person who sold to you. Keep going backward.
Watch for any deed that mentions minerals. If a prior owner reserved the oil and gas, you then need to follow that mineral interest forward on its own path. It may have been inherited, sold, or split among many heirs.
Many older records are handwritten. Some are only on microfilm or in the courthouse.
Step 4: Old leases
A recorded oil and gas lease tells you who claimed the right to lease at that time. That is useful evidence, but it does not prove ownership. A person can sign a lease for minerals they do not own. Still, old leases often point to the right family name and time period.
Step 6: A caution about tax records
Tax assessment records can help, especially for coal. But Pennsylvania courts have held that oil and gas generally are not assessed as taxable real estate. So the absence of a separate oil and gas parcel on the county tax rolls does not mean nobody else owns the gas. Do not rely on tax records alone.
Step 7: DEP well records
The Pennsylvania Department of Environmental Protection keeps public records of oil and gas wells. Its online mapping tool shows permitted and drilled wells and the operator for each one. If a well is near your land, the operator may already have done title work on your tract. That is one more reason to read any letter or division order the operator sends you carefully. Our guide on how to read a division order explains what those papers mean.
The Dormant Oil and Gas Act: what it does and does not do
Many people have heard that “unused” mineral rights go back to the surface owner. Some states have laws like that. Pennsylvania’s Dormant Oil and Gas Act, 58 P.S. § 701.1 et seq., works differently.
In general terms, the Act lets a person with an interest in the property ask the county court to place an unknown or missing owner’s oil and gas interest into a trust. A trust here means a court-supervised arrangement that holds the missing owner’s share and money for them. This lets development go forward when an owner cannot be found. It does not simply hand the minerals to the surface owner.
If you are a surface owner hoping the old reservation has expired, talk to a lawyer before you assume so. If you think you are an heir to old minerals, the Act may also explain why money is being held in court.
Signs your mineral title may be complicated
Some situations call for extra care
- The minerals were severed more than 100 years ago and passed through many estates.
- An heir died without a will, so ownership split among many relatives.
- A deed uses unclear words like “minerals” without naming oil or gas.
- The property was once subject to a tax sale.
- Two people or companies both claim the same interest.
- An operator has stopped paying, or has placed your share “in suspense” while it reviews title.
When to order a title opinion
A title opinion is a written analysis by a lawyer, based on the records, that states who owns the mineral interests and in what shares. It also lists defects that need fixing. Fixing those defects is called curative work.
You may want one when
- You are about to sign a lease, sell, or give away your mineral interest.
- A landman or buyer says you own less than you thought.
- You are settling an estate that includes minerals.
- Your family has a dispute over who inherited what.
Operators often do their own title work, but it is done for the operator, not for you. To learn more, see how a drilling title opinion works.
Key takeaways
– Owning the surface does not prove you own the oil and gas. Mineral rights in PA are often severed.
– The deed chain at the Washington County Recorder of Deeds is the core of any title search.
– Tax records and old leases are clues, not proof.
– Pennsylvania’s Dormant Oil and Gas Act sets up trusts for missing owners; it does not simply return minerals to the surface owner.
– Get a title opinion before you lease, sell, or divide an inheritance that includes minerals.Free download: Pennsylvania Gas Lease Review Checklist
Once you know what you own, use our checklist to review any lease offer line by line. Get the free gas lease review checklist
Get help with a mineral title question
If you are unsure who owns the minerals under your land, call (304) 982-1586 or request a consultation. After you call, we will ask what records you already have, explain what a title review would involve, and set a meeting. We work with landowners from our office in Cecil Township, Washington County.
Frequently asked questions
How do I find out if I own the mineral rights to my property in Pennsylvania?
Start with your deed, then trace each earlier deed at the county Recorder of Deeds. Look for any deed that reserves or excepts oil, gas, coal, or minerals. If you find a reservation, the minerals may belong to someone else. A lawyer’s title review can confirm what you own.
Does my deed say if I own mineral rights?
Sometimes, but not always. Your deed may repeat an older reservation, or it may say nothing at all. Silence does not prove you own the minerals. A reservation made decades ago can still apply even if your own deed never mentions it.
Can mineral rights revert to the surface owner in Pennsylvania?
Generally not automatically. Pennsylvania does not have a law that hands unused minerals back to the surface owner the way some states do. The Dormant Oil and Gas Act instead lets a court place a missing owner’s interest in trust.
How far back should a mineral title search go?
Far enough to find when the minerals were first separated from the surface, and then forward through every later owner of that mineral interest. In southwestern Pennsylvania, that often means going back to the 1800s. The right depth depends on the property.
Is a title search the same as a title opinion?
No. A title search gathers the records. A title opinion is a lawyer’s written conclusion about who owns what, based on those records, and what defects need fixing. Lenders, buyers, and operators often rely on title opinions.
About the author
Daniel B. Kostrub, Attorney, Kostrub Law Firm, PLLC. Dan focuses on energy law, oil and gas transactions, title opinions, division orders, mineral rights, and lease review for landowners in Washington and Allegheny counties. Read Dan’s full bio.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.