An instrument of severance1 or other instrument2 varying the prima facie rights and obligations of the surface owner and the mineral owner3 may do so in either affirmative terms or negative terms4, and by express words or by necessary implication5, whether the mines are granted with an exception of the surface or the surface is granted excepting the mines6, and whether the instrument is a voluntary contract between the parties concerned or an Inclosure Act7 or other
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