Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 696.4. Ownership of pore space

(1) No provision of law or regulation requiring notice to be given to a surface property interest owner, subsurface property interest owner or both, shall be construed to require notice to individuals holding ownership interest in pore space in the underlying strata unless the applicable law specifies notice to the individuals is required.

(2) Nothing in this section shall be construed to change or alter the common law existing as of the effective date of this paragraph with respect to the rights belonging to, or the dominance of, the mineral, including coal, estate or oil and gas estate. For the purpose of determining the priority of subsurface uses between a mineral, including coal, or oil and gas estate and pore space, the mineral, including coal, or oil and gas estate is dominant, including the surface use necessary for the subsurface development of the mineral, including coal, or oil and gas estate, regardless of whether ownership of the pore space is vested in the surface property interest owner or is owned separately from the surface.

(3) Nothing in this section shall alter, amend, diminish or invalidate rights to an existing use of subsurface pore space that were acquired by contract or lease prior to the effective date of this paragraph, notwithstanding that the contract or lease was entered into with a subsurface property interest owner or a predecessor to the subsurface property interest owner.

(1) Instruments that transfer the rights to pore space under this section shall describe the scope of any right to use the surface estate. The owner of a pore space right shall have no right to use the surface estate beyond that set out in a properly recorded instrument.

(2) After the effective date of this paragraph, a transfer instrument shall include a specific description of the location of the pore space being transferred. The description may include a metes and bounds description of the surface lying over the transferred pore space and identification of the subsurface strata, formations or reservoirs. In the event only a description of the surface is used, the transfer shall be deemed to include pore space at all depths underlying the described surface area unless specifically excluded. The validity of pore space rights under this paragraph shall not affect the respective liabilities of a party and liabilities shall operate in the same manner as if the pore space transfer were valid.