THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BLAKE, FONTANA, TARTAGLIONE, FERLO, MENSCH, COSTA, HUGHES, SCHWANK, McILHINNEY, BOSCOLA, BREWSTER, EARLL, YUDICHAK, WAUGH AND BROWNE, SEPTEMBER 20, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, SEPTEMBER 20, 2011  

AN ACT

Amending the act of June 2, 1959 (P.L.454, No.86), entitled "An

act permitting the recording of leases, subleases and

agreements to lease or sublease; permitting the recording of

memoranda thereof; prescribing the minimum contents of such

memoranda; prescribing the effect of recording such

instruments, including provisions thereof for the purchase of

or refusal on the demised premises; and specifying that the

recording of such a memorandum shall be a sufficient

recording of the full lease, sublease, or agreement in

connection with the assignment or mortgaging of the lessee's

interest therein," providing for requirement for certain

leases and imposing a duty of certain lessees relating to the

recording of mortgages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 2, 1959 (P.L.454, No.86),

entitled "An act permitting the recording of leases, subleases

and agreements to lease or sublease; permitting the recording of

memoranda thereof; prescribing the minimum contents of such

memoranda; prescribing the effect of recording such instruments,

including provisions thereof for the purchase of or refusal on

the demised premises; and specifying that the recording of such

a memorandum shall be a sufficient recording of the full lease,

sublease, or agreement in connection with the assignment or

mortgaging of the lessee's interest therein," is amended by

adding sections to read:

Section 6.1.  Any agreement for the conveyance, lease,

sublease, agreement or memorandum thereof of property for the

purposes of granting mineral rights including oil or gas

exploration or extraction shall include a specific provision

notifying the owner or lessor that such conveyance, lease,

sublease, agreement or memorandum thereof may be the subject of

a mortgage by the lessee.

Section 6.2.  Within thirty days of the recording by a lessee

of any mortgage of property that is the subject of any recorded

lease, sublease, agreement or memorandum thereof concerning a

grant of mineral rights including oil or gas exploration or

extraction, the lessee shall notify, by first class mail, the

recorded owner of the real estate identified in the deed and the

occupant at the address of the real estate identified in the

deed, if that address is different from the record owner's

address, that a mortgage on the lease, sublease, agreement or

memorandum thereof has been recorded by the lessee.

Section 2.  This act shall take effect in 60 days.