Bulletin 179 Abstracts of Current Decisions on Mines and Mining

ESTATE IN MINERALS. Minerals beneath the surface may be made the subject of separate ownership either by a grant of the minerals by the owner of the land or by a grant of the land excepting the minerals, and thereby an estate in fee simple is created in the minerals, as corporeal things real. Colby, In re, Iowa, 169 Northwestern 443, p. 444. DEEDS EXCHANGING DIFFERENT MINERALS-RIGHTS OF PARTIES. The lands of two adjoining owners were underlaid with cement rock and clay at a depth of about 100 feet from the surface and with coal veins some 600 feet below the surface. By an exchange of deeds one of the land owners conveyed to the other the cement rock and clay with the right to mine and remove the same without entering upon the surface, but the deed contained no covenant not to injure the surface. The other deed conveyed the coal seam and so much of the rock and other minerals just above and below the coal as might be required in connection with the mining and removing of the coal, together with the right to mine and remove the same, and the adja- cent rock, clay, and other minerals, without entering upon or injuring the surface, with one immaterial exception. The deeds do not define the word "surface" and neither expressly nor by implication did they secure to the coal owner the right to subside the overlying cement rock; but the implication is to the contrary, as the deed gives the right to mine and remove coal without entering upon or injuring the surface. The provision that the coal owner should not enter upon or injure the surface amounts to a clause that the coal mine. shall not be worked so as to let down the surface and this does not create any inconsistency with the provision giving the right to mine and carry away the coal.