Pennsylvania Supreme Court Reaffirms Title Washing

On July 19, 2016, the Pennsylvania Supreme Court affirmed the Superior Court’s decision in Herder Spring Hunting Club v. Keller, No. 5 MAP 2015, and reaffirmed “title washing” under historical Pennsylvania tax assessment law.

A title wash occurs when a tax sale of unseated lands extinguishes a previously severed and unreported mineral interest under the Act of 1804, April 3, P.L. 517, as amended. Although not new to Pennsylvania, title washes have come under renewed scrutiny as a result of Marcellus Shale development, particularly in northeastern and central Pennsylvania counties.

To view a copy of the Court’s opinion, please click here.

For questions regarding this issue, please contact Shana Smith, an associate in the Energy and Environmental, Health & Safety Practice Groups. Shana is based in Leech Tishman’s Pittsburgh office, and can be reached at 412-261-1600, or by email at ssmith@leechtishman.com.

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