Houston Harbaugh, P.C.
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Houston Harbaugh Blog

Posts tagged "PA Superior Court"

Does a Well Passing Horizontally Under A Property Trigger A "Payment in Lieu of Free Gas" Clause? The Pennsylvania Superior Court Says "No".

In a recent ruling in Mitch v. XTO Energy, Inc. the Pennsylvania Superior Court has reasoned that a well drilled horizontally below a landowner's property does not trigger the "free gas" clause in a lease as no burden or limitation on the landowner's use and enjoyment of the surface of the land has taken place. Oil and gas attorney Brendan A. O'Donnell examines the Mitch case in depth below and explains what this can mean for landowners and their lease provisions.