Almost everybody contemplates the sale of real property as the land and improvements on the land. But in the Keystone State, one contemplates an entire extra layer of ownership that can have enormous legal and financial consequence: mineral rights.
Here at Kostrub Law, our energy law office in Pittsburgh works on a regular basis with landowners who wish to sell their mineral rights in PA — but don’t know where to begin safely, or if doing so makes sense at all.
This is the tale of one landowner who walked into our offices questioning — and left with certainty, legal safeguard, and a transaction they could be proud of.
The Client’s Dilemma: Should I Sell My Mineral Rights?
Our Washington County clients had long-held ownership of their land where their ancestors had held the property for decades. Recently, the couple had an offer from a corporation interested in purchasing their mineral rights — specifically for the purpose of natural gas extraction.
They had been tempted but wary. They had heard about neighbors who had been shortchanged, about ambiguous contracts, about secret ownership problems. Their greatest doubts boiled down to the following:
- How valuable are our mineral rights?
• Can we sell the mineral rights alone but not the land?
• How do we avoid future liability?
• What if lease or royalty complications already exist?
They did not simply require a contract — they required a strategy.
Our First Step: Investigating Ownership & Title Status
Before any negotiations could begin, our team conducted a full title analysis to confirm what the couple actually owned. In Pennsylvania, it’s common to discover split estates — meaning surface rights are owned separately from subsurface rights.
We requested historical deeds, lease records, and production data, and uncovered that:
- The husband did in fact have ownership of the mineral rights to 100%
• A lease had originally been signed by their dad in the early 2000s — and royalties never did get paid
• The lease had run out by virtue of non-production and presented the chance to pass clean title
Without a drilling title opinion and proper due diligence, they could’ve signed away rights they didn’t fully control. This step saved them from future litigation.
Structuring the Deal: Protecting the Client First
Next, we reviewed the buyer’s proposed agreement — and quickly flagged major issues:
- No price per acre breakdown
- A clause allowing the buyer to assign the rights to any third party
- No mention of environmental liability protection
- No guarantee of royalty backpay release from the prior lease
We redrafted the agreement to include:
- Clear financial terms and arithmetic on mineral acreage
• Liability and surface usage protective language
• A clause that allowed the client to retain royalty rights for wells drilled within 12 months
• A status where royalty backpay would be negotiated as an aside and remain the client’s property
This is where our energy law services came into play. A typical lawyer or real property advisor would never even think of including half of this — but our team handles ownership transactions in the oil and gas sector on a daily basis.
The Result: A Fair Sale, Full Protection, and Peace of Mind
The deal closed within 45 days.
The clients walked away with a six-figure payment, retained some future royalty potential, and avoided any estate planning complications down the road. We even assisted their financial advisor in placing the funds into a family trust for long-term asset protection.
They told us:
“We didn’t just sell rights — we protected our legacy. We couldn’t have done this without your firm.”
Why This Matters
There are thousands of landowners across Pennsylvania sitting on mineral rights without fully understanding what they own, what it’s worth, or how to protect themselves in a deal.
It’s not just about selling — it’s about understanding the layers of law behind oil and gas transaction services, from title opinions to lease negotiations, to estate planning implications.
Work With a Trusted Energy Law Firm in Pittsburgh
If you’re wondering whether to sell mineral rights in Pennsylvania, or you’ve received an offer to sell gas rights, don’t go it alone. These decisions can impact your family’s wealth for generations.
At Kostrub Law, we combine local knowledge, decades of experience in PA energy law, and a deep understanding of oil and gas transactions to guide you the right way — not the rushed way.
We serve clients throughout Pittsburgh, Upper St. Clair, Washington County, and beyond. Whether you’re reviewing a lease, disputing a royalty, or planning your estate, we’ll help you protect what’s yours.
Schedule a Free Consultation Today
Visit our website at KostrubLaw.com or stop by our Pittsburgh office to speak with a qualified attorney. You can also find us here on Google Maps.
Don’t just sign — understand, protect, and get what you deserve.