Why Some Pennsylvania Deeds Contain Coal Notices and Others Don’t
If you’ve ever read through a Pennsylvania deed and spotted a paragraph labeled “Notice—This property may be subject to coal interests not owned by the grantor,” you may have wondered what it means. These “coal notices” appear in some deeds but not others. Understanding why can help you better advise your clients.
A Legacy from Pennsylvania’s Mining Past
Pennsylvania’s history with coal mining runs deep. In the late 1800s and early 1900s, mining companies often sold the surface rights to land while keeping the coal rights below. This separation of ownership – known as a severance of estates – allowed the coal owner to mine beneath the surface, even if someone else owned the land above.
As you might imagine, that led to problems. When underground mining caused the surface to sink, a process called subsidence, homeowners often suffered property damage without compensation. In response, Pennsylvania enacted the Bituminous Mine Subsidence and Land Conservation Act of 1966 to help protect landowners and clarify ownership rights.
The Legal Reason for the Notice
Under this Act and related statutes, a deed must include a coal notice whenever the coal estate is owned by someone other than the surface owner, or if the property lies in a bituminous coal region where subsurface rights have been reserved. The notice isn’t there for decoration. Rather, it’s a statutory warning to the buyer that coal ownership or mining rights may be separate, and that the surface owner might not be entitled to damages if mining occurs beneath the property.
In short, the notice serves as a disclosure: the coal may belong to someone else, and mining activity could legally happen below the property.
Why Some Deeds Don’t Have It
Not every property needs a coal notice. If the title search shows no separate coal estate, or if the property lies outside the bituminous coal fields in western and southwestern Pennsylvania, no notice is required. Many modern developments, especially in central and eastern parts of the state, were never part of coal operations or have since reunited surface and subsurface ownership. Those deeds will be silent on the issue.
What REALTORS® Should Know
For agents, coal notices are simply a sign that subsurface rights may be severed. When clients see one, it’s an opportunity to explain that it doesn’t mean active mining is underway; it’s just a disclosure about ownership. Encourage buyers to review their title insurance policy carefully, especially any exceptions for mineral rights.
The Bottom Line
Coal notices are a reminder that in Pennsylvania, ownership of the land isn’t always as simple as it seems. They connect today’s transactions to a long history of mining law and property rights and give buyers the information they need to understand what’s beneath their feet.
