Barnsdall v. Bradford Gas Co.

Citations

• 225 Pa. 338
• 74 A. 207
• 1909 Pa. LEXIS 661
• 3 A.F.T.R. (P-H) 3210

Syllabus

<p>Mines and mining — Oil and gas lease — Lease—Title—Possession— Ejectment.</p> <p>1. Where an instrument in writing does “grant, demise, lease and let unto the said party of the second part . . , , all that certain tract of land .... containing 100 acres, ... , for the sole and only purpose of mining and operating for oil, gas and other minerals and of laying pipe lines and of building tanks, stations and structures thereon to take care of the said products,” the paper creates a corporeal interest in the lessee in the demised premises and is not merely a license to enter and operate for oil and gas; and the lessee although he never entered into possession of the premises may maintain an action to recover possession from a third party not claiming under the lessor.</p> <p>2. There is a broad distinction between a lease of a mine, under which the lessee enters into possession and takes an estate in the property, and a license to work the same mine. In the latter case, the licensee has no permanent interest, property, or estate in the land itself, but only in the proceeds, and in such proceeds not as realty, but as personal property, and his possession is the possession of the owner. A contract simply giving a right to take ore from a mine, no interest or estate being granted, confers a mere license, and the licensee acquires no right to the ore until he separates it from the freehold. But an instrument that demises and leases certain lands for mining purposes only, for a designated term of years, at a fixed rent, and giving the right to erect all necessary buildings] etc., is a lease, and not merely a mining license.</p>