If you own land or minerals in Washington or Allegheny County, a landman’s offer, a royalty check, or a pipeline survey crew can show up with little warning. When you search for an oil and gas attorney near me, you want someone local who reads these documents every week. Kostrub Law Firm, PLLC has served the area from Cecil Township, and Daniel B. Kostrub handles the firm’s energy work.
What happens after you call: we ask a few questions about your property and the papers you have, then set a meeting at our office or by video.
What an oil and gas attorney does
An oil and gas attorney protects the owner’s side of the deal. The gas company has its own lawyers and landmen. Our energy practice covers six connected areas.
Lease review and negotiation
An oil and gas lease is the contract that lets a company drill for and sell your gas in exchange for a bonus and a royalty. Most first offers are company forms. Our lease review and negotiation service explains each clause and asks for changes before you sign.
Mineral rights
Mineral rights are the ownership of what lies under the surface. In Pennsylvania they are often split from the surface by old deeds. We help owners confirm, lease, sell, and pass these rights to family. See our page on owning and protecting mineral rights.
Title opinions
A title opinion is a lawyer’s written analysis of who owns the oil and gas and in what shares. Companies need one before they drill or pay. Learn how a title opinion works.
Division orders
A division order is a form from the operator that states your decimal share of production. It should match your lease and your title. We check the math on division orders before you sign.
Royalty disputes
A royalty is your share of production, paid in money. When checks drop, deductions grow, or statements make no sense, we look at the lease and the numbers. Read about royalty underpayment disputes.
Surface use and pipeline agreements
A surface use agreement sets the rules for well pads, roads, water lines, and pipelines on your land. Our page on surface use and right-of-way agreements covers what to ask for.
Pennsylvania law that matters
Several Pennsylvania laws shape every oil and gas deal here
- Minimum royalty. 58 P.S. § 33 requires a lease to pay the owner at least one-eighth (12.5%) royalty. Courts have read this to allow certain post-production costs to be deducted unless the lease says otherwise.
- Royalty statements. Act 66 of 2013, 58 P.S. §§ 35.1–35.2, as later amended, requires operators to give royalty owners statements showing volumes, prices, and deductions.
- Cross-unit drilling. Act 64 of 2013, 58 P.S. § 34.1, lets an operator drill a horizontal well across unit lines in some cases when the lease already allows pooling.
- No general forced pooling for Marcellus wells. The Oil and Gas Conservation Law, 58 P.S. § 401 et seq., applies only to wells that go below the Onondaga horizon. The Marcellus sits above it. Deeper Utica wells can be treated differently.
- Act 13 of 2012. The Oil and Gas Act, 58 Pa.C.S. Ch. 32, sets well permit notice rules, building and water-well setbacks, and water supply protections for surface owners.
- Missing owners. The Dormant Oil and Gas Act, 58 P.S. § 701.1 et seq., provides a court process for interests held by owners who cannot be found.
Common situations in Washington and Allegheny counties
Washington County sits over both the Marcellus and the deeper Utica shale. That brings steady activity in Cecil, Chartiers, Robinson, and nearby townships. We often see
- A first lease offer on inherited acreage, or a renewal offer on an older lease
- An old lease from the 1980s or 1990s that a company says is still in force
- Family members who share mineral rights and disagree about leasing
- Royalty checks that fell sharply with no clear reason
- Pipeline or gathering line companies asking for a right-of-way across a farm
- Buyers offering to purchase mineral rights for a lump sum
What happens if you don’t act
Leases and right-of-way agreements often run for decades. A clause you miss today can cost you royalties for years. If you sign a form lease, you may lose control of where the pad goes, whether costs come out of your royalty, and whether undeveloped acres stay tied up. If you ignore a division order or a title question, payments can sit in suspense. A suspended payment is money the operator holds back until ownership is cleared up.
Talk with us before you sign. Call (304) 982-1586 · Request a consultationAfter you call, we review your documents and tell you what we see and what it would cost to help.
How we handle it, step by step
- Intake call. We learn what you own, what you received, and any deadline.
- Document review. We read the lease, deed, division order, or statement you bring.
- Records check. Where needed, we pull deeds at the Washington County Recorder of Deeds and well data from PA DEP mapping tools.
- Plain-English advice. We explain your options, the risks, and what we would ask for.
- Negotiation or action. With your approval, we contact the company and push for the changes you want.
- Follow-through. We check the final papers and, if you want, the first payments.
What to bring to your first meeting
- Any lease, offer letter, or draft agreement you received
- Your deed and any older deeds you have
- Recent royalty statements or check stubs
- Division orders or letters from the operator
- Plats, maps, or pipeline route drawings
- Names of co-owners or heirs who share the interest
- Any deadline the company gave you
Fees
We explain fees before work starts, in writing. We explain how we charge, and what to expect, at your first consultation. Simple reviews and longer negotiations are priced differently, so ask us which fits your matter.
Who handles this
Daniel B. Kostrub handles the firm’s oil and gas and energy work, including transactions, lease review, title opinions, division orders, and mineral rights. J.D., 2002–2005. Read Dan Kostrub’s attorney profile or learn about our Cecil Township office.
Frequently asked questions
Do I need a lawyer to sign a gas lease in Pennsylvania?
No law requires one, but a gas lease is a long contract written by the company. It can control your land and income for decades. A lawyer can explain each clause, flag missing protections, and ask for changes. Many owners find that the review pays for itself through better terms, though no outcome can be promised.
What is the minimum royalty for a gas lease in Pennsylvania?
Pennsylvania law requires at least a one-eighth (12.5%) royalty under 58 P.S. § 33. Many leases offer more, and the rate is often negotiable. Keep in mind that how costs are deducted can matter as much as the percentage itself, so read the royalty clause as a whole.
Does Pennsylvania have forced pooling?
Not in general for Marcellus wells. The Oil and Gas Conservation Law covers wells that reach below the Onondaga horizon, which the Marcellus does not. Deeper Utica wells may fall under it in some cases. For most owners, pooling depends on what the lease allows.
How do I find out if I own the mineral rights under my land?
Start with your deed and then trace older deeds back at the Recorder of Deeds. Look for language that excepts or reserves oil, gas, or minerals. Pennsylvania deeds often split these rights generations ago. A title search by an attorney can confirm what you own and in what share.
What does an oil and gas attorney near me charge?
It depends on the task. A lease review, a title opinion, and a royalty dispute take very different amounts of time. We explain our fee approach in writing before any work starts, so you can decide with no surprises. We explain how we charge, and what to expect, at your first consultation.
Can you help if I already signed a lease?
Yes. We can review a signed lease to explain your rights, check whether it is still in force, confirm that royalties are being paid as written, and help with later agreements such as division orders, pipeline rights-of-way, or amendments the company asks you to sign.
Ready to talk about your land or minerals?
Call (304) 982-1586 or book a consultation online. After you call, we set a time to meet, tell you what to bring, and give you a clear view of your options at the first meeting.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.