A Lycoming County trial judge has ruled that the only way a party can acquire a property’s oil and gas rights by adverse possession is by showing it has engaged in actual drilling and production on the land.

The judge said this was true even where a party had obtained a default judgment in an action to quiet title to a property’s oil and gas and mineral rights that stood unopposed for more than 21 years—the statutorily required amount of time that must pass in order for land rights to be acquired by adverse possession—before being struck last year.

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