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  1. #1
    RuGa is offline Member
    Join Date
    Nov 2007
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    Question Mineral & lumber rights...

    PA
    Am currently looking to purchase property in PA. The land is 170+ acres with 2 large homes and includes farm buildings. Have gotten a copy of the deed (which states that mineral & lumber rights do NOT convey). Have talked with my broker regarding that issue and he recently got back to me with the statement from the sellers agent that they are positive the rights convey.
    Needless to say, I am fairly versed with 'contract law' yet am totally clueless regarding the rights issue. Where would I find the info?? PA is very archaic when it comes to info 'computerized'..... I am sticking to my guns regarding getting legal papers concerning the 'rights'.
    What 'scares' me is the fact that the 'rights' holder (whomever it is) has the right to come onto my property (if I purchase it) at will to get at the minerals and/or lumber including the ability on his part to raze any/all buildings which are in his way with no compensation to the landowner.
    As the property has a lot of coal underneath it, and with the energy issues we're facing nowadays, I forsee this becoming an issue.
    I LOVE this property...want to put some horses on it and relax... 120 acres open w/large pond, 50+ acres wood(on the mountain side)....
    Any comments???
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
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    St. Odo of Cluny Parish
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    29,533
    Q: Am currently looking to purchase property in PA. The land is 170+ acres with 2 large homes and includes farm buildings. Have talked with my broker regarding that issue and he recently got back to me with the statement from the sellers agent that they are positive the rights convey.

    A: Have gotten a copy of the deed (which states that mineral & lumber rights do NOT convey).

    If it is not in writing, then it doesn't exist. You have a copy of the deed that says your sellers do not have the timber and mineral rights; the sellers say they do.

    Guess which one you should believe?
    There are two rules for success:

    (1) Never tell everything you know.

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