PA Superior Court Rules on 2nd Important Surface/Mineral Rights Case

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We have a second important Pennsylvania Superior Court case decision to bring you in less than a month. Last month we told you about Wright v. Misty Mountain Farm LLC, a case with implications for all land and mineral rights owners in PA (see PA Superior Court Rules on Important Surface/Mineral Rights Case). Another case decided Nov. 6, Northern Forests II, Inc. v. Keta Realty Company, also has big implications for rights owners. In the Northern Forests case (full copy below), the surface rights owner (Northern Forests) claimed they should also own the subsurface rights due to a legal principal called adverse possession. In reviewing the case, a PA trial court found the original case from 1989 awarding Northern Forests the mineral rights, was in error–the rights revert back to the original rights owners. PA Superior Court agreed and upheld the decision. Here’s the low down from legal beagles at McGuireWoods, the attorneys for Keta Realty, the winner in the case…

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