Algonquin Coal Co. v. Northern Coal & Iron Co.

Citations

• 162 Pa. 114
• 29 A. 402
• 1894 Pa. LEXIS 952

Syllabus

<p>Deed — Reservation—Separation of surface from minerals.</p> <p>In 1801, Thomas Wright executed a deed for land underlaid with coal. The deed contained the following clause: “The said Thomas reserves for himself, his heirs and assignees, a free toleration of getting coal for their own use without hindrance or denial.” Held, that the grantee in the deed took title to the coal subject to the privilege in the grantor, his heirs and assignees, of supplying their personal needs for fuel from the coal granted by the deed.</p> <p>Adverse possession — Separation of surface and mineral.</p> <p>Until a severance takes place between the surface and an underlying estate, the owner’s title reaches from the center to the surface, and from the surface to the heavens; and with a grant of the land or an acquisition of title by an adverse holding the entire estate of the former owner passes. When a severance takes place and the holder of a stratum of coal or other mineral records his title or enters into possession of his subsurface estate, he is not affected by the state of the title to, or the possession of, the surface.</p>