Mineral rights refer to the legal ownership of the resources beneath the surface of a property. In Pennsylvania, these rights can be separated from surface rights, meaning one person may own the land while another holds the rights to the oil, gas, coal, or other minerals below.
For landowners in Pittsburgh and surrounding areas, knowing how to manage and protect these rights matters. At Kostrub Law Firm, PLLC, we help clients handle every aspect of mineral rights ownership.
An oil and gas lease typically includes several key provisions that determine how the land will be used, how long the lease lasts, and what the landowner receives in return. Common sections include:
If even one provision is poorly worded or missing, it can lead to disputes, lost income, or damage to the land without proper recourse.
Mineral rights give the holder the legal authority to access and extract resources from below the surface. In western Pennsylvania, the most common minerals are natural gas and oil, though coal may also apply. Owning mineral rights can mean:
It is important to know what your mineral rights cover and how they interact with surface rights on the same property.
In many parts of Pennsylvania, mineral rights were severed from surface rights generations ago. This means a current property owner may not automatically own the minerals beneath their land. The separation often happened through a deed, lease, or reservation made decades earlier.
When mineral rights have been severed, the surface owner typically cannot prevent the mineral rights holder from accessing and extracting resources. However, the mineral rights holder must follow certain rules regarding surface access. If you are unsure about your mineral rights status, a title search can help clarify ownership. Our attorneys at Kostrub Law Firm conduct these reviews regularly.
Mineral rights ownership can lead to legal challenges. Some of the most frequent include:
Many of these issues can be avoided with proper legal guidance. When they do arise, having a knowledgeable attorney makes a real difference.
Mineral rights law involves rules and precedents that differ from general property law. An attorney who focuses on this area can help with leasing decisions, title questions, royalty disputes, and transfers of ownership.
At Kostrub Law Firm, our attorneys have been working in energy law and mineral rights since 2006. We have reviewed title opinions, negotiated lease agreements, and resolved disputes for landowners across Pennsylvania and West Virginia.
We also work with families who have inherited mineral rights and are not sure what to do next. Our team walks you through each step and helps you make decisions that serve your long-term interests.
If you own mineral rights or believe you may be entitled to them, contact Kostrub Law Firm, PLLC at (304) 982-1586 or visit kostrublaw.com to schedule a consultation. We are here to help you protect your rights and make informed decisions.
A title search is the most reliable way to determine ownership. Our attorneys review your deed history and related records to confirm what rights you hold and if any have been severed or transferred.
Yes. Mineral rights can be sold, leased, or transferred independently from the surface property. Our team can help you assess the value and handle the legal process.
Inherited mineral rights may come with existing lease agreements or royalty payments. It is important to review all documents and confirm that ownership transfer is properly recorded. Our attorneys guide families through this process.
If extraction is happening without a valid lease or legal authority, you may have grounds for a legal claim. Contact our office so we can review the situation and advise you on your options.
Royalty payments are based on a percentage of the revenue from production. The exact percentage depends on your lease terms. Our attorneys can review your lease and production records to confirm you are receiving the correct amount.
