Stephen Cozen, founder and chairman of Cozen O’Connor, with Andrea Hammel and Jared Bayer, members of the Commercial Litigation Department, are pushing the Pennsylvania Supreme Court, on behalf of their client Anadarko E&P Co., to preserve a lower court finding that gas lease agreements remain valid in their original form even after the discovery of deed restrictions that must be resolved through legal action. The case is to be considered an example of “estoppel by deed.” This long-standing principle in Pennsylvania law mandates that lessees get the benefit of land that lessors did not originally possess at the time the lease was drafted but subsequently gained the rights to, if that land is included in the initial lease.
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