Consol Pennsylvania Coal Co. v. Farmers National Bank of Claysville

960 A.2d 121, 2008 Pa. Super. 207, 175 Oil & Gas Rep. 951, 2008 Pa. Super. LEXIS 2462, 2008 WL 4151332
CourtSuperior Court of Pennsylvania
DecidedSeptember 10, 2008
Docket1360 WDA 2007
StatusPublished
Cited by5 cases

This text of 960 A.2d 121 (Consol Pennsylvania Coal Co. v. Farmers National Bank of Claysville) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consol Pennsylvania Coal Co. v. Farmers National Bank of Claysville, 960 A.2d 121, 2008 Pa. Super. 207, 175 Oil & Gas Rep. 951, 2008 Pa. Super. LEXIS 2462, 2008 WL 4151332 (Pa. Ct. App. 2008).

Opinion

*124 OPINION BY

HUDOCK, J.:

¶ 1 This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife (the Carters), in a quiet title action, wherein Consol was awarded fee simple title to the coal rights to a tract of land to which the Carters own the surface estate. For the reasons that follow, we reverse and remand for proceedings consistent with this opinion.

¶ 2 The trial court has ably summarized the undisputed facts and procedural history of the action as follows:

This case originated when [Consol] filed a Complaint in Action to Quiet Title for Real Estate consisting of the coal estate referred to as the “Quiet Title Tract” and named the Farmers National Bank of Claysville and [the Carters], the owner of the surface estate, as defendants. [The Farmers National Bank of Claysville has been dissolved, and no successor corporation found; the Petition to Quiet Title was granted against this defendant and is not a subject of the within appeal.] [The Carters] filed Preliminary Objections which were denied, and thereafter filed an Answer and Counterclaim. A trial was held on the merits of all claims on August 16 and 18, 2006.
The Quiet Title Tract consists of coal in the Pittsburgh Vein of Coal through which Consol intends to longwall mine. The Quiet Title Tract is described as follows:
ALL the Coal of the Pittsburgh or River Vein in and under all the following described tract of land, situated in East Finley Township, Washington County, Pennsylvania bounded and described as follows, to wit:
BEGINNING at a post; thence by lands of the said Francis Moffitt, North 7° West 23.4 perches to a white oak; then South 71° East 24.4 perches to a post; thence by land of the said Joseph Carroll, South 37° West 15.2 perches to a hickory; thence South 76%° West 11.4 perches to the place of the beginning, Containing One (1) acre, three (3) roods and twenty (20) perches, strict measure.
THIS being the Pittsburgh or River Vein of Coal underlying the tract of land conveyed by deed of Joseph Carroll, et ux., to Francis Moffitt, recorded in Washington County, Pennsylvania in Deed Book “D” Vol. 3, page 668. FURTHER BEING the Pittsburgh or River Vein of Coal underlying part of Tax Parcel No. 270-026-00-00-0002-00. [...]
Complaint, ¶ 4.
The surface estate overlying the Quiet Title Tract is owned by [the Carters]. (T.T. pp. 80). The surface estate is part of a ninety five acre farm owned by the Carter family since 1935 when they obtained the land from Farmers National Bank of Claysville, a Defendant herein, through a deed dated April 25, 1935, recorded in the Washington County Recorder of Deeds Office, Deed Book Vol. 599, p. 352 (Exhibit 1: Deed 20).
At trial, [Consol] claimed ownership in the coal estate for the Quiet Title Tract through the deed from Margaret Simpson, et con., to J. Bayard Pollock and Robert W. Munnell, dated February 29, 1906, and recorded in the Washington County Recorder of Deeds Office at Deed Book Vol. 337, p. 394. (Exhibit 1: Deed 7). [The Carters] asserted that the deed dated June 28, 1840, from Joseph Carroll, et ux, to Francis [Moffitt] recorded in Washington County Recorder of Deeds, Deed Book Vol. 3D, p. 668, *125 reserved the coal on the Quiet Title Tract. (Exhibit 1: Deed 1). They contend that in the 1906 deed, Simpson retained interest and title to the Quiet Title Tract and that Simpson’s interest, along with the surface rights, vested with Farmers National Bank of Clays-ville which conveyed all of the interest, including the Quiet Title Tract, to [the Carters’] predecessors, J. Harry Carter and Adelaide Carter, who conveyed all interest to [the Carters] herein by deed dated April 26, 1971, and recorded at Deed Book Yol. 1336, p. 286, and deed dated January 8, 1978, and recorded at Deed Book Vol. 1814, p. 48 (Exhibit 1: Deeds 26, 28).
The [trial court], on October 13, 2006, issued a FINAL DECREE and found that Consol held fee simple title with 100% interest, free and clear of all encumbrances to the Quiet Title Tract and entered judgment in favor of [Consol] and against [the Carters]. Post Trial Motions were filed, which the [trial court] denied. This timely appeal ensued.

Trial Court Opinion, 10/5/07, at 1, 2-3, 1 (footnotes omitted). Thereafter, the trial court directed the Carters to file a concise statement of matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b). The Carters have complied with the court’s directive, and the court has filed an opinion addressing the claims.

¶ 3 The Carters now present the following issues on appeal for our consideration:

1. Does the exception and reservation clause in the Pittsburgh or River Vein of Coal severance deed except and reserve all of the Pittsburgh or River Vein of Coal, mining rights and surface waivers?
2. Does the support estate belong to the Carters if any interest in the Pittsburgh coal was reserved in the 1840 deed?

The Carters’ Brief, at 5. Initially, we note our standard of review in addressing these claims. In reviewing an action to quiet title, an appellate court’s review is limited to determining whether the findings of fact are supported by competent evidence, whether an error of law has been committed, and whether there has been a manifest abuse of discretion. Regions Mortgage, Inc. v. Muthler, 585 Pa. 464, 889 A.2d 39, 41 (2005). “Ordinarily, an appellate court "will not reverse a determination of the trial court in a quiet title action absent an error of law or capricious disregard of the evidence.” Birdsboro Municipal Authority v. Reading Company and Wilmington & Northern Railroad, 758 A.2d 222, 225 (Pa.Super.2000).

¶ 4 Moreover, we additionally note the underlying principles that are key to an understanding of the Carters’ arguments in support of their issues.

Pennsylvania law recognizes three discrete estates in land: the surface estate, the mineral estate, and the right to sub-jacent (surface) support. Hetrick v. Apollo Gas Company, [415 Pa.Super. 189, 608 A.2d 1074, 1077 (1992).] Because these estates are severable, different owners may hold title to separate and distinct estates in the same land. Id. “Where there is a separation of the minerals from the surface, the owner of the mineral estate owes a servitude of sufficient support to the superincumbent estate.” Smith v. Glen Alden Coal Co., [347 Pa. 290, 32 A.2d 227, 235 (1943)] (citing Graff Furnace Co. v. Scranton Coal Co., [244 Pa. 592, 91 A 508 (1914))].

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Bluebook (online)
960 A.2d 121, 2008 Pa. Super. 207, 175 Oil & Gas Rep. 951, 2008 Pa. Super. LEXIS 2462, 2008 WL 4151332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consol-pennsylvania-coal-co-v-farmers-national-bank-of-claysville-pasuperct-2008.