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If you drive around Pennsylvania, you are likely not going to encounter a “For Sale” sign offering a cavern in the ground. But the voids, pore spaces, and cavities in the subsurface can be quite valuable now and in the...more
Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more
In a June 13, 2025 decision, the Pennsylvania Commonwealth Court held that a municipality impermissibly granted conditional use approval to an oil and gas well pad and interconnect facility on tax lots that were already...more
Effective July 1, 2025, the realty transfer tax rate for properties or acquired real estate companies sold in the City and County of Philadelphia will increase to 3.578%, in addition to the Commonwealth of Pennsylvania realty...more
On May 6, 2025, the Pennsylvania Senate passed Senate Bill 349 by a vote of 49-1. A week later, on May 13, 2025, the legislation was referred to the state House Environmental and Natural Resource Protection Committee to begin...more
In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more
In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more
Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do...more
In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more
Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC...more
A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways. For example, let’s assume Farmer Joe owned 115 acres in Greene County. In 1981, Farmer Joe sells...more
Our prior two posts on blockchain technology and real estate looked at blockchain basics and how it can be used to make real estate transactions and the recording of documents more transparent, efficient, and secure. But I...more
The Pennsylvania Statute of Repose for Improvements to Real Property, 42 Pa. C.S. § 5536 (PA Statute of Repose) is a powerful tool that provides protections to persons lawfully performing or furnishing the design, planning,...more
A dual purpose oil and gas lease transitions into its secondary term, and remains in its secondary term, if oil and gas is produced from the leasehold or if the leasehold is used for oil and gas storage. See, Smith v....more
What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more
Property owners in Allegheny County have a rare opportunity to significantly reduce their property taxes for 2022 and 2023 by filing an appeal by March 31. Typically property owners may only challenge their taxes for the...more