Mealey's Toxic Tort/Environmental - Pennsylvania Superior Court Reverses Subsurface Title Order Based On 1806 Statute

HARRISBURG, Pa. - Surveying more than 100 years of Pennsylvania property law, a unanimous Pennsylvania Superior Court panel ruled May 9 that the heirs of a Centre County, Pa., tract of land have no interest in the subsurface because the purported severance of the subsurface from the surface in 1899 was not reported to the county commissioners or tax assessor as required by an 1806 statute (Herder Spring Hunting Club v, Harry Keller, et al., No. 718 MDA 2013, Pa. Super.; 2014 PA Super 100).

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