19. Rebuttal of presumption of ownership.

19.     Rebuttal of presumption of ownership.

The ownership in mines1 under land may be severed from the ownership of the surface2, and the mines so severed are a separate tenement, capable of being held for the same estates as other hereditaments3, and with similar incidental rights of ownership4. It follows that the presumption arising from surface ownership5 may be rebutted by evidence showing that the ownership of the surface has been severed from that of the underlying mines, as by a conveyance or demise of land excepting the mines, or of the