Ford, E. v. Oliver, J.

176 A.3d 891
CourtSuperior Court of Pennsylvania
DecidedDecember 14, 2017
Docket670 WDA 2016
StatusPublished
Cited by9 cases

This text of 176 A.3d 891 (Ford, E. v. Oliver, J.) 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
Ford, E. v. Oliver, J., 176 A.3d 891 (Pa. Ct. App. 2017).

Opinion

OPINION BY

SOLANO, J.:

In this dispute over the validity of a deed, Appellants Evan D. Ford and Margaret L. Ford appeal from the March 22, 2016 order sustaining the preliminary objections of Appellees John P. Oliver and Cynthia V. Oliver; Blane Puskaric, Esquire; EQT Production Company; and Equitrans, L.P., and dismissing the Fords’ claims against Appellees with prejudice. 1 We affirm.

This case arises out of the 2001 sale of property by the Fords to Appellee John P. Oliver. The Fords allege that they intended to sell only one parcel of vacant land (“Parcel- One”) to Oliver, and that, after the closing, the closing agent erroneously included in the deed (the “Original Oliver Deed”) the legal description not only of Parcel One, but also of another parcel,' which contained mineral rights (“Parcel Two”). 2 The Fords learned the Original Oliver Deed included both parcels in 2015, when- they attempted to sell the Parcel Two mineral rights to EQT and a representative of EQT informed them that a third party had already transferred those rights to EQT.

The Fords, who are siblings, received the two parcels of land at issue in 1996, in a single deed from their mother (“the Original Ford Deed”). Parcel One is approximately 50 acres of vacant land in Jefferson Hills, Allegheny County, and it contains an exception for certain coal and mineral rights. Original Ford Deed, pp. 1-2. Parcel Two consists of “ALL oil, gas, coal or other minerals, together with all mining rights and other rights of any nature or kind whatsoever ... owned by the grantor ... within the limits of Allegheny County, Pennsylvania.” Id., p. 2 (capitalization in original).

In the spring of 2001, the Fords listed Parcel One for sale. They allege that they then had “no intention of selling any or all of the Parcel Two Property and/or any oil, gas, coal or other mineral rights or other property rights or interests in the 2001 sale.” Second Am. Compl. ¶ 16.

In the fall of 2001, Appellee John P. Oliver entered into an agreement with the Fords to purchase Parcel One for $22,000. 3 The closing occurred on September 14, 2001. The U.S. Department of Housing and Urban Development (HUD) settlement statement identified the property as “VACANT-LAND ON ROUTE 51, JEFFERSON HILLS, PA 15025, JEFFERSON HILLS BOROUGH, ALLEGHENY COUNTY.” Second Am. Compl. Ex. 4.

At the closing, the Fords were not shown the deed and were told that it had not yet been completed. A representative of the closing agent, Landco USA, Inc., provided the Fords with the signature page of the deed only, which they signed. 4 The Fords identify Appellee Puskaric as an agent of Landco, 5 but do not allege that he was the agent who provided them with the signature page. Indeed, they state that Puskaric was not present at the closing. Puskaric, however, notarized all of the signatures on the deed. Second Am. Compl. ¶¶ 18, 23-28, 30-31.

“[A]t a later date,” the closing agent completed the Original Oliver Deed and included legal descriptions of both Parcel One and Parcel Two .in it. Second Am. Compl. ¶ 19. The page containing the Fords’ signatures from the September 14, 2001 closing was included as page 3. The deed recited that the consideration for the transaction was $10,000, not $22,000. Original Oliver Deed, p. 1. While the Original Ford Deed contained the headings “Parcel One” and “Parcel Two” preceding the descriptions of the respective parcels, the Original Oliver Deed did not contain those headings. Instead, it included the description of Parcel Two immediately after the description of Parcel One and began that description with the words, “TOGETHER WITH, INCLUDING ALL oil, gas, coal'or other minerals ...See id., p. 2 (capitalization in original). The Original Oliver Deed also contained a “SUBJECT TO and TOGETHER WITH” clause under-the Parcel Two description that referenced oil and gas leases and other coal and mineral rights, see id.; this clause had not been in the Original Ford Deed. The Original Oliver. Deed was recorded in January of 2002. The Fords claim they were not sent the Original Oliver Deed and were unaware of its content.

The Fords allege that, “[u]pon advice of prior counsel, [they] attempted to clarify the title to the Parcel 2 property by .having it re-conveyed by their mother to them by deed dated July 9, 2007” (“the. 2007 Ford Deed”). Second Am. Compl. ¶35, The Fords do not allege why they needed to “clarify the title” at that time. 6 The Fords aver that when they executed and recorded the 2007 Ford Deed, they did not know that the legal description of Parcel Two had been included in the Original Oliver Deed. Id. ¶ 36.

At some point on or before March 9, 2009, the Original Oliver Deed was amended (“Amended Oliver Deed”) to add the heading “^Parcel Two” immediately prior to the text beginning “TOGETHER WITH, INCLUDING ALL oil, gas, coal or other minerals .... ” The amendment added: “*The purpose of this re-recording is to add the wording of Parcel Two to the legal description which was omitted from the original deed recorded in [the Washington County deed book].” Amended Oliver Deed, p. 2. The description of the property in the Original Oliver Deed was otherwise left unchanged. Oliver or Pus-karic recorded the Amended Oliver Deed on March 11, 2009. Second Am, Compl. ¶¶ 38-39 & Ex. 7. The Fords were not notified of the amendment of the deed,

On March 12, 2009, .Oliver entered into a five-year oil and gas lease granting Dale Property Services. Penn, LLC, certain mineral rights to the property described in the Original Ford Deed as Parcel One. The March 12, 2009 lease was recorded on March, 17,2009. The Fords allege that they “were not made aware of. the ¡purported sale of gas and other mineral rights of [Parcel One] to Dale Property until early spring of 2015.” Second Am. Compl; at ¶¶ 46-47 & Ex. 8. 7

In 2012, the Fords attempted to lease various Parcel Two oil and gas rights to EQT, but the two parties were unable to reach a final agreement.

On June 27, 2014, Oliver entered into an oil and gas lease with EQT for the mineral rights to Parcel One. On September 23, 2014, Oliver and his wife, Cynthia V. Oliver, 8 entered into a Subsurface Storage Easement Agreement with Equitrans, granting Equitrans an exclusive and permanent easement to transport, inject, store, retrieve, and withdraw gas from Parcel One. This easement was recorded on December 17, 2014. On February 23, 2015 and May 2, 2015, the Olivers sold additional Parcel Two mineral rights to EQT.

In the spring of 2015, Evan D. Ford contacted EQT to discuss a possible sale of part of Parcel Two. A representative of EQT advised Ford that these rights had already been transferred to EQT by a third party. The Fords then learned that Oliver had transferred the Parcel Two mineral rights to EQT and other parties.

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Cite This Page — Counsel Stack

Bluebook (online)
176 A.3d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-e-v-oliver-j-pasuperct-2017.