The Oil and Gas Addendum

An Oil and Gas Blog for Landowners. The law of oil and gas here in Pennsylvania and throughout the Marcellus Shale region is complex and continues to evolve and change. If you own oil and gas rights, keeping up to date on these changes and trends is critical. The Oil and Gas Addendum is your resource for timely and informational articles on the latest developments in oil and gas law. Our oil and gas practice here at Houston Harbaugh is dedicated to protecting the interests of landowners and royalty owners. From new lease negotiations, to title disputes, to royalty litigation, we can help. We know oil and gas.
Articles posted in New Lease Negotiations

The Centerline Presumption – Who Really Owns the Oil and Gas Under Roads and Highways? (Part II)

A troubling and confusing issue here in Pennsylvania concerns the ownership of oil and gas rights under roads and highways.  For example, let’s assume Farmer Joe owned 115...
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Pennsylvania Federal Court Dismisses Gas Driller’s Declaratory Judgment Lawsuit Involving Oil & Gas Lease

In an October 10, 2023, the United States District Court for the Middle District of Pennsylvania dismissed a gas driller’s declaratory judgment lawsuit involving an oil and gas...
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Landowners Should Be Careful Before Making Representations About Prior Oil and Gas Development on their Property

Before signing oil and gas leases, landowners should pay close attention to lease provisions asking for warranties and representations about prior oil and gas development on the land....
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Can Owners of Severed Oil and Gas Estates in Pennsylvania Lease Gas Storage Rights?

A dual purpose oil and gas lease transitions into its secondary term, and remains in its secondary term, if oil and gas is produced from the leasehold or...
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Pore Space Ownership: The North Dakota Supreme Court Issues Landmark Decision

Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early...
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Pore Space: The Next Leasing Frontier for Pennsylvania Landowners?

Let’s assume you own a 135 acre farm in Washington County.  In 1976, your grandfather signed an oil and gas lease with ABC Oil.  Several years later, ABC...
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Pennsylvania Landowners May Not Own Oil and Gas Rights Under Rivers and Streams

Since the 1890s, your family has owned a 150 acre farm in Washington County, Pennsylvania. In 2014, you and your siblings sign an oil and gas lease with...
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Not Your Father’s Oil and Gas Lease

Horizontal Drilling Presents Unique Leasing Issues The modern oil and gas lease is a sophisticated and complex legal instrument that has evolved over the last several decades. This...
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Pennsylvania Superior Court Interprets Forfeiture Clause in Oil and Gas Lease

In McCausland v. Wagner, the Pennsylvania Superior Court was confronted with the question of whether the lessor under an oil and gas lease was entitled to terminate the...
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Free Natural Gas On Property: Who's Entitled To Free Gas?

Suppose you purchase a 100-acre farm in Armstrong County. You are told that the property is subject to an old gas lease but that the farmhouse receives “free...
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About Us

Oil and gas development can present unique and complex issues that can be intimidating and challenging. At Houston Harbaugh, P.C., our oil and gas practice is dedicated to protecting the interests of landowners and royalty owners. From new lease negotiations to title disputes to royalty litigation, we can help. Whether you have two acres in Washington County or 5,000 acres in Lycoming County, our dedication and commitment remains the same.

We Represent Landowners in All Aspects of Oil and Gas Law

The oil and gas attorneys at Houston Harbaugh have broad experience in a wide array of oil and gas matters, and they have made it their mission to protect and preserve the landowner’s interests in matters that include:

  • New lease negotiations
  • Pipeline right-of-way negotiations
  • Surface access agreements
  • Royalty audits
  • Tax and estate planning
  • Lease expiration claims
  • Curative title litigation
  • Water contamination claims
Pittsburgh Oil and Gas Lawyer Robert Burnett attorney headshot

Robert Burnett - Practice Chair

Robert’s practice is exclusively devoted to the representation of landowners and royalty owners in oil and gas matters. Robert is the Chair of the Houston Harbaugh’s Oil & Gas Practice Group and represents landowners and royalty owners in a wide array of oil and gas matters throughout the Commonwealth of Pennsylvania. Robert assists landowners and royalty owners in the negotiation of new oil and gas leases as well as modifications to existing leases. Robert also negotiates surface use agreements and pipeline right-of-way agreements on behalf of landowners. Robert also advises and counsels clients on complex lease development and expiration issues, including the impact and effect of delay rental and shut-in clauses, as well as the implied covenants to develop and market oil and gas. Robert also represents landowners and royalty owners in disputes arising out of the calculation of production royalties and the deduction of post-production costs. Robert also assists landowners with oil and gas title issues and develops strategies to resolve and cure such title deficiencies. Robert also advises clients on the interplay between oil and gas leases and solar leases and assists clients throughout Pennsylvania in negotiating solar leases.

Head shot photo of Pittsburgh, Pennsylvania Oil and Gas Lawyer Brendan O'Donnell at Houston Harbaugh

Brendan A. O'Donnell

Brendan O’Donnell is a highly qualified and experienced attorney in the Oil and Gas Law practice. He also practices in our Environmental and Energy Practice. Brendan represents landowners and royalty owners in a wide variety of matters, including litigation and trial work, and in the preparation and negotiation of:

  • Leases
  • Pipeline right of way agreements
  • Surface use agreements
  • Oil, gas and mineral conveyances