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Updated over 4 years ago,
Help with Pennsylvania Closing - Title commitment Coal Rights
I'm buying my first property in PA (40 acre campground) and the title commitment contains the language below
in the exclusions. Does this mean someone with prior coal rights can just come in and mine the coal under my 40 acres and destroy my campground in the process? Is this standard in PA title exceptions?
Any help from my PA bigger pockets family much appreciated.
Ray
(Cut from Title Commitment Schedule B-II exceptions)
11. Coal and coal bed methane gas and mining rights and all rights incident to the extraction or development of coal or coal bed
methane gas heretofore conveyed, excepted and reserved by instruments of record; the right of surface, lateral or subjacent support;
or any surface subsidence.
12. NOTICE: THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND
RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR
OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT
CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER
STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY
LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT.
Note: This Notice is set forth in 52 P.S. 1551, as amended, and is not intended as notice of unrecorded instruments, if any.