306. Conveyance of land excepting the minerals.

Mines and minerals1 may be excepted from a conveyance of land, and are properly the subject of an exception and not of a reservation2. Consequently, as the property in the excepted mines and minerals remains in the same ownership3, words of limitation were never necessary4. It is a question of construction whether in any particular case the words used amount to an exception of mines or minerals5 or to a regrant of a right to work6. The exception of minerals out of land conveyed, which is of no advantage unless a right to work them is added, necessarily implies