PA Court: Drillers Don't Have Automatic Surface Rights for Wells

An important (precedential) court ruling to alert Pennsylvania surface (and mineral rights) owners to. The Pennsylvania Superior Court ruled earlier this month that an oil-and-gas mineral rights owner does not have an automatic, unrestricted right to place a well on a separately owned surface estate. When the deed or lease contains no express surface-access right, the mineral owner must establish that using that surface is "strictly necessary"—not merely reasonable—to reach and develop the underlying oil and gas. The case in question concerns land in Westmoreland County but will almost certainly apply to other locations as well.

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