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By Erik M. Hume As many property owners throughout Pennsylvania Marcellus Shale counties have learned in recent years, ownership of the surface does not necessarily include ownership of what lies below. Title to the surface and subsurface can be "severed";...

On Sept. 7, 2011, the Pennsylvania Superior Court issued an opinion in Butler v. Charles Powers Estate , 2011 PA Super 198, 2011 Pa. Super. LEXIS 2710 (Pa. Super. Ct. 2011), that creates uncertainty for developers and gas/mineral owners alike ( Click...

By Russell L. Schetroma and Nathaniel I. Holland In a unanimous opinion ( Butler v. Charles Power Estate , No. 27 MAP 2012) by Justice Baer issued April 24, 2013, the Pennsylvania Supreme Court reaffirmed the Dunham Rule, holding that a reservation...