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 Andrew S. Chumney attended
Washington and Jefferson College
where he graduated with a Bachelor
of Arts degree in History. He received
his Juris Doctorate from Duquesne
University School of Law in 2003.
Andrew has focused his practice in the
areas of real estate and mineral law,
specializing in coal, oil and natural
gas. Peacock Keller & Ecker, LLP,
70 E Beau Street, Washington, PA
15301 (724) 222-4520
My Land: A Bundle of Sticks
You have just become a landowner. But what did you actually
purchase? Many people believe that they acquire everything from the
surface to the center of the earth. This is rarely the case.
My first year property professor compared property law to a
bundle of sticks. One individual may own the entire bundle, or, one or
more of those sticks could, at any time, be separated from the others
and be owned by another person. The separating of the sticks may be
done either by conveying one or more sticks from your bundle to
another person, or by reserving and keeping one or more sticks for
yourself when you sell the rest of the sticks.
In Pennsylvania, the separating of the sticks began in early times.
The initial deed for property in Pennsylvania came from the
Commonwealth and was called a “patent.” Patents nearly always
reserved a portion of the gold and silver to the Commonwealth,
thereby removing the first stick from the bundle.
On August 28, 1859, Colonel Edwin L. Drake began operating
what is commonly referred to as the first modern commercial oil well in
“Oil Creek,” near the town of Titusville, Pennsylvania. The idea that oil
and gas could be commercially exploited in western Pennsylvania spread.
The separating of the oil and gas sticks was routinely done in the form
of a lease. If the operator was not able to develop the oil or gas, then the
“stick” for the oil and gas frequently reverted back to the landowner. If
the oil and gas operator could continue producing oil or gas from the
well, the stick might continue to remain outside the bundle.
Around the turn of the century, the stick most familiar in western
Pennsylvania started to be separated from the bundle. This stick,
commonly called the Pittsburgh, River, or Nine Foot vein of coal, was
first discovered in “Coal Hill,” now known as Mount Washington. It
had been mined in Pittsburgh and used since the 1700s for heating
and cooking fires at Fort Pitt. However, not until the late 1800s and
early 1900s was the extent of the Pittsburgh coal seam recognized and
the geologic science developed to mine it.
So, if you are buying property, there are some significant sticks
that may not be a part of the bundle you are receiving. Traditionally,
title searchers for mortgages go back only 60 years. If you are unsure
what sticks may be included, you may need to go back over a 100 year
period. If you are curious, you just may want to contact your attorney
before purchasing.
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