A deed that conveyed “surface” and “surface soil” and explicitly reserved the rights to any coal found on the property still conveyed the subsurface oil and gas rights to the deed holder, the state Superior Court has ruled.
In its July 1 memorandum opinion in Bowers v. Uphouse, a unanimous three-judge panel of the court likened the case to a 1958 state Supreme Court decision, and held that the terms “surface” and “surface soil” did not exclude the conveyance of subsurface oil and gas rights.
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