Commentary

9 Severance of ownership of minerals

MINES, MINERALS AND LANDFILL vol 26(3)
| Commentary

9 Severance of ownership of minerals

| Commentary

9 Severance of ownership of minerals

The ownership of minerals under land may be severed from the ownership of the surface by a conveyance or transfer of the surface excepting the minerals1 or by a conveyance or transfer of the minerals apart from the surface2 or by statute3. When severed, the minerals are a separate tenement, capable of being held for the same estates as other hereditaments and with the like incidental rights of ownership4.

An exception only of ‘mines’, unless the instrument states to the contrary, has the effect of excepting the stratum or vein. However, the owner may not

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