Mineral Deeds: Interpretation Mineral Reservations and Exceptions: 'Minerals and Petroleum Oils'

摘要

In 1881 a deed reserved to the grantor: "one half the minerals and Petroleum Oils.. . ." Plaintiffs are successors in interest to the grantee who file an action in 2009, claiming that they own the "minerals and Petroleum Oils" based on adverse possession. Defendants, successors in interest to the grantor, assert that the above reservation gives them ownership of Marcellus Shale gas. They also deny that their interests have been adversely possessed. The trial court dismisses with prejudice the defendants' request for a declaratory judgment that they are the owner of the Marcellus Shale gas. In an earlier appeal, Butler v. Charles Powers Estate, 15 A.3d 538 (Pa. Super. 2010) (unpublished memorandum), the court remanded that order because there were outstanding, unresolved issues relating to the standing of the defendants to bring their declaratory judgment action.