Many families in Washington County own land without owning what lies under it, and many others own gas rights they did not know they had. A mineral rights attorney helps you find out what you own, what it may be worth, and how to protect it. Kostrub Law Firm, PLLC has served owners from Cecil Township since 2006. Mineral rights work is part of our full oil and gas legal services.
What happens after you call: we ask about your property and any offers or letters you received, then set a meeting to review your papers.
What a mineral rights attorney does
Mineral rights are the ownership of oil, gas, coal, and other minerals below the surface. In Pennsylvania, these rights can be sold or kept separately from the land above them. This is called a severance. Once severed, the surface and the minerals can pass through different families for generations.
A mineral rights lawyer helps you:
- Confirm whether you own the oil and gas, and in what share
- Lease your rights on fair terms
- Decide whether to sell, and review a purchase offer
- Pass your rights to heirs in a clear, recorded way
- Find or deal with co-owners who cannot be located
Pennsylvania law that matters
- Three separate estates. Pennsylvania recognizes the surface, the minerals, and the right of support as interests that can be owned separately. Old coal deeds in this region often split these rights.
- What “minerals” means in an old deed. Under the long-standing Dunham rule, a deed that reserves “minerals” without naming oil or gas is presumed not to include them. The Pennsylvania Supreme Court reaffirmed this in Butler v. Charles Powers Estate, 65 A.3d 885 (Pa. 2013). Exact wording matters.
- Minimum royalty. If you lease, 58 P.S. § 33 requires at least a one-eighth (12.5%) royalty.
- Missing owners. The Dormant Oil and Gas Act, 58 P.S. § 701.1 et seq., lets a court place the interest of an unknown or missing owner in a trust so it can be leased. Unlike some nearby states, it does not simply transfer the missing owner’s rights to the surface owner.
- Public records. Deeds, leases, and assignments are recorded with the Washington County Recorder of Deeds. Estates are filed with the Register of Wills. Well permits and production can be checked through PA DEP mapping tools.
Common situations in Washington and Allegheny counties
- Inherited rights. A parent or grandparent owned gas rights, and the estate never transferred them clearly. Several heirs now share them.
- An old reservation. Your deed says the minerals were “excepted and reserved” in 1920. You need to know if that covers gas.
- Purchase offers. A company mails you an offer to buy your rights for a lump sum. People often search for how to sell mineral rights in Pennsylvania after receiving one of these letters.
- Coal and gas overlap. Coal was sold off decades ago, but the gas may still be yours.
- Unknown co-owners. A company cannot lease your tract because one co-owner cannot be found.
You can learn more in our guide on who owns mineral rights in Pennsylvania.
What happens if you don’t act
If you do not confirm ownership, you may lease or sell rights you do not fully own, or miss rights you do. Royalties may sit in suspense while the operator waits for title to be cleared. If you sign a purchase offer without review, you may give up future royalties for far less than they are worth, and that sale is permanent. If heirs never record their interests, the next generation faces a harder title problem.
Received a lease or purchase offer? Call (304) 982-1586 · Request a consultation · After you call, we review the offer and your deed before you make any decision.
How we handle it, step by step
- Listen first. We learn what you believe you own and what decision you face.
- Review your papers. Deeds, wills, estate papers, leases, and offer letters.
- Search the records. We trace the chain of title at the Recorder of Deeds and check estate files where needed. For a formal report, we prepare a mineral title opinion.
- Explain your options. Lease, sell, hold, or transfer to family, with the trade-offs of each.
- Act for you. We negotiate a lease, review a sale, or prepare and record transfer documents. For leases, see our gas lease negotiation help.
- Keep the record clean. We make sure new deeds or affidavits are recorded so the next owner has a clear path.
What to bring to your first meeting
- Your deed and any older deeds you have
- Wills, estate papers, or family records showing how the rights passed
- Any lease, offer letter, or purchase agreement
- Royalty statements or division orders you received
- Tax parcel numbers or maps
- Names of co-owners and heirs, even if you have lost touch
Fees
We explain fees in writing before work begins. A quick deed review costs less than a full title search, so we scope the work to the question you need answered.
Who handles this
Daniel B. Kostrub handles mineral rights matters for the firm, along with lease review, title opinions, and division orders. J.D., 2002–2005. Learn more about attorney Dan Kostrub or visit our Cecil Township office.
Frequently asked questions
How do I know if I own mineral rights in Pennsylvania?
Read your deed for language that “excepts” or “reserves” oil, gas, coal, or minerals. Then trace the earlier deeds at the county Recorder of Deeds. If anyone in the chain kept the rights, they may not have passed to you. A title search by an attorney is the most reliable way to confirm ownership and your exact share.
Should I sell my mineral rights in PA?
It depends on your goals, your share, and activity near your land. A sale gives you cash now but ends future royalties for good. Leasing keeps ownership and pays only if wells produce. Before you sell mineral rights in PA, have the offer reviewed so you understand the price, the terms, and what you give up.
Does “minerals” in an old deed include natural gas?
Not automatically. Under Pennsylvania’s Dunham rule, a reservation of “minerals” is presumed not to include oil or gas unless the deed says so clearly. The full wording and surrounding language still matter, so each deed needs to be read on its own.
What happens to mineral rights when the owner dies?
They pass through the owner’s will or, without a will, to heirs under Pennsylvania law. Problems arise when the estate never transferred them on paper. Heirs may need recorded documents before an operator will lease or pay them. Planning ahead keeps the rights easy to identify and transfer.
Can a gas company drill if one co-owner won’t sign?
For Marcellus wells, Pennsylvania has no general forced pooling law, so companies usually seek leases from co-owners. When an owner cannot be found, the Dormant Oil and Gas Act offers a court process to place that share in trust. Refusing co-owners raise separate questions that depend on the facts.
Do I need a mineral rights attorney near me, or can anyone help?
Local records, local deeds, and Pennsylvania case law drive most answers. An attorney who works with Washington County deeds and operators can find issues faster and record fixes in the right place. Meeting in person also makes it easier to go through old family papers together.
Talk with us about your mineral rights
Call (304) 982-1586 or set up a meeting. After you call, we tell you what papers to gather, review them, and explain what you own and what your options are.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
Related guides: Selling mineral rights in Pennsylvania and what OGM rights mean.