Marcellus Shale, Utica Shale · Pennsylvania · West Virginia · Ohio
Historic natural gas basin encompassing the Marcellus and Utica Shale formations across PA, WV, and OH.
Critical Legal Issues in This Basin
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I inherited land in Greene County PA. The original 1899 deed from my great-great-grandfather reserves 'all minerals' beneath the surface. CNX Resources sent me a letter saying they don't believe I own the gas rights due to something called the Dunham Rule. Is this real? What can I do?
Unfortunately, CNX's concern is legally founded. The Dunham Rule — established in 1882 and reaffirmed by the Pennsylvania Supreme Court in Butler v. Charles Powers Estate (2013) — holds that a deed reserving 'minerals' without specifically naming 'oil' or 'natural gas' does NOT include oil and gas rights under Pennsylvania law. This is one of the most devastating and counterintuitive rules in American property law. However, all is not lost — there are arguments based on the 'ejusdem generis' doctrine and surrounding circumstances of the deed's execution that can sometimes overcome the Dunham Rule. You absolutely need a Pennsylvania oil and gas attorney who specializes in Dunham Rule litigation. Do you have a copy of the full 1899 deed language? The exact words matter enormously here.
EQT is deducting approximately $0.45/Mcf for 'field compression' from our Marcellus royalties in Wetzel County WV. Our lease has the standard 'market value at the wellhead' language. I thought West Virginia's Tawney decision protected us from these deductions?