Gusty A.E. Sunseri & Associates, P.C. Attorneys at Law

Property Law Archives

Oil & Gas Rights - Property Law

Who owns my land's oil and gas rights? You might need to understand roperty Law to make this determination. With the recent shale drilling boom has come the incessant need for mineral rights determination. Although many oil and gas production companies do a descent job in determining who owns the oil and gas rights associated with certain land , I have found that over 60% of the time the oil company's determination is flat out wrong. Old oil and gas leases may be terminated for lack of activity Lack of productive activity is a determination that I can make after reviewing the progeny of deeds.

Buying a house ...Do I need an attorney?

So you are buying a house!  What do you know about Property Law?  You are about to make probably one of the most significant investments in your life. Of course, you want the house to be perfect. You don't want any post closing issues that can cost you literally thousands of dollars. So you ask your real estate agent, "Do I need an real estate attorney?" He or she confidentially and emphatically states, "You definitely don't need a lawyer! I know what needs to be in the sales agreement." What the Agent does not tell you is that he or she has zero legal background and that the sales agreement has language in it that may not ultimately protect you. What the agent also won't tell you is that as a buyer the agent has a disincentive to help you negotiate the best deal (i.e. the lowest price) because the higher the price, the more commission your agent makes. So, call me before you sign an offer to purchase a home or with any other Property Law question. You will surely benefit from an experienced attorney

I've moved out, where's my security deposit?

One of the most common Property Law - landlord/tenant issues I run into as a Pittsburgh attorney occurs when a tenant moves out of a property and the landlord mishandles the security deposit. Residential landlords should be mindful of the Property Law - "Landlord and Tenant Act of 1951," which governs interactions between landlords and tenants. The act requires a landlord to provide a former tenant with an itemized list of any damages to the property that the landlord must now repair within 30 days of the end of the lease.

His tree limbs and shrubs are on my property . . .

Ask a Pennsylvania Attorney what to do...Simply stated, Pennsylvania property law allows a landowner to cut off over-hanging branches of a tree belonging to an adjacent landowner, without regard to the degree of physical harm done to his property. The courts feel that cutting the protruding limbs is an adequate remedy when the branches are "intruding into the landowner's air space" and, therefore, the landowner who cuts the branches will not be subject to liability in the absence of special damages. The caveat here is that this self-help approach applies only to the protruding (offending) branches. In essence, the landowner cannot trespass on a neighbor's property and cut down the tree or cut branches that do not protrude on the landowner's airspace. The landowner may also seek reimbursement of reasonable expense incurred in exercising the self-help remedy. Irrespective of the above law, I highly suggest that you consult a lawyer before resorting to any self-help remedy.

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If you need to speak with an attorney about an important legal matter, contact my law office in Pittsburgh, Pennsylvania. To schedule a free consultation, call 412-455-5388, or contact me by e-mail.

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Gusty A.E. Sunseri & Associates, P.C.

1290 Freeport Road
Pittsburgh, PA 15238

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