The Marcellus severance problem
Pennsylvania's subsurface has been traded separately from its surface for over a century, first for coal and more recently for gas. The result is a title landscape where surface ownership frequently conveys nothing below ground.
The consequence is practical rather than theoretical. Where minerals are severed and leased, the holder has a right of reasonable surface access — well pads, access roads, pipelines. Pennsylvania courts have consistently upheld the dominance of the mineral estate, and the surface owner's remedy is generally compensation rather than prevention.
Commission a mineral title examination. Establish whether minerals were severed, who holds them, whether a lease is in force and what its terms permit. Our mineral rights guide covers the mechanics.
Clean and Green rollback runs seven years
Act 319 enrollment substantially reduces the tax burden on qualifying land. Converting to an ineligible use triggers rollback taxes for seven years plus interest, which is longer than most states and produces a meaningful number on a substantial parcel.
Before closing, confirm enrollment status, which category applies, what the land must continue doing to stay qualified, and what rollback exposure exists. Establish in the contract who bears it.
Access on old rural roads
Pennsylvania has a long history of private roads and rights of way described in old deeds by reference to features that may no longer exist. Verify legal access in the recorded chain rather than assuming that a well-worn road implies a right.
What to verify
Mineral severance and lease status. Clean and Green enrollment and rollback exposure. Legal access. Septic feasibility where building is intended, which on Pennsylvania hillsides varies sharply. The risk scorecard screens the fundamentals.