Clark v. Armstrong County Coal Co.

Citations

• 61 Pa. Super. 521
• 1915 Pa. Super. LEXIS 365

Syllabus

<p>Mines and mining — Sale of coal — Reservation of coal under buildings — Exercise of right to reserve.</p> <p>Where' the owner of coal underlying a large acreage, conveys the right to mine all the coal underlying the entire tract with royalties to he paid to him as the coal is mined, but reserves “the right to retain three acres in one body underneath the buildings now erected on the land, if desired, said three acres to be located and designated” by himself, such provision does not constitute the three acres of coal under the buildings an absolute exception out of the grant; but the grantor is bound to locate the coal so reserved, if desired, and give notice within a reasonable time to the lessee. If he never gives such notice, and permits the coal to be mined under the three acres, and accepts the royalties therefor, he cannot after the expiration of nine or ten years after the lease was executed, maintain an action for damages either for the removal of the coal, or for the use and occupation of the entries or ways under the three acres.</p>