278. Express and implied rights of working.

(8)     Surface Rights on Disposition

278.     Express and implied rights of working.

Upon the severance of mines1 from the surface, whether by grant or exception, working powers and liberties are usually expressly granted or reserved2, but in the absence of express provision there is incident, by implication of law, to the ownership of mines a power to get and carry away the minerals3, and on the same principle an express power will give rise to an implication of all incidental liberties necessary for the exercise of the power4. An implied liberty will not be curtailed