Duhig Rule in PA?

Landman Discussion
1

Does Pennsylvania use the Duhig Rule?

2

Pennsylvania courts have not expressly adopted the Duhig Rule, but the cases suggest they would do so.

Best

Buddy Cotten
3

In a PA Title Search chain, a percentage of mineral rights went to the current surface owner with the reason stating the "Duhig Rule would apply"- but I haven't seen anything that states Duhig Rule is the law in PA.

Do you think the title search logic may not be valid?

4

The answer would lie in a court of competent jurisdiction in PA to determine the intention of the parties, applying the various rules of construction that Pennsylvania courts have heretofore adopted.

That is my best non-answer in years.

Best

Buddy Cotten

5

As I recall from my work in Pennsylvania, yes, the Courts there follow Duhig. And you wouldn't necessarily find a statute saying so, it might just be from the case law.

6

sounds good to me!