Chartiers Oil Co. v. Curtiss

Citations

• 24 Ohio C.C. Dec. 106

Syllabus

<p>INJUNCTION — MINES AND MINING.</p> <p>1. Right of Ingress and Egress in Prospecting for or Removing Underlying Minerals Implied and Enforceable by Injunction.</p> <p>The estates represented by ownership of the surface and of underlying mineral rights are mutually dominant and servient, and in a conveyance of the surface there is an implied reservation of right of access to the estate below, and this right may be enforced by injunction.</p> <p>2. Machinery and Derricks for Drilling Oil Maintainable but Storage Rights are Limited.</p> <p>The owner of underlying oil and gas rights is ¡entitled to the use of the surface for ingress and egress in drilling a reasonable number of wells and may maintain thereon derricks and other necessary machinery; but storage rights will be limited to such as are incidental to the immediate production and marketing of the oil, and the question of damage to the surface from such operations will be left open for future determination.</p> <p>(.Syllabus by the court.]</p>