Lenox Coal Co. v. Duncan-Spangler Coal Co.

Citations

• 265 Pa. 572
• 109 A. 282
• 1920 Pa. LEXIS 483

Syllabus

<p>Mines and mining — Surface support — Lease—Terms of lease— Upper and lower seams of coal — Removal of pillars — Notice.</p> <p>1. Where a mineral estate has been separated from the surface, the former must support the latter as a common law burden from which it cannot be relieved except by apt words or necessary implication. The rule applies where the owner of two seams of coal has leased the lower seam, without any waiver of support for the upper seam in the lease, or any covenant therein from which one could be implied,</p> <p>2. A lease of all the coal does not include the right to let down the surface, and thereunder the lessee can remove only so much as can be taken without injury to the superincumbent estate.</p> <p>3. The rights of the lessees are not enlarged by a covenant that the mine is to be worked in the most economical method, and in accordance with the laws of the State; that is for the lessor’s benefit as it increases the output on which he collects royalty.</p> <p>4. Where the terms of the lease are unambiguous it is immaterial what construction the parties may have put upon it.</p> <p>5. If a lessee of an upper seam takes subject to the rights of a prior lessee of a lower seam, and with the knowledge that the latter is removing supporting pillars, he is not thereby precluded from asserting his right to support.</p>