Moore v. Indian Camp Coal Co.

Citations

• 75 Ohio St. (N.S.) 493

Syllabus

<p>Sale of mineral lying under surface — Title obtained by owner, an estate in fee — Sale carries right to remove strata, etc. — Space left by removal of mineral, etc., belongs to mine owner — If such user does no injury to surface — Law of contracts — Right of property.</p> <p>I..When there has been a sale of the mineral lying under land and a severance of the estate in the mineral from the estate in the surface, the title thus obtained by the owner of the mineral is an estate in fee, which terminates when the mine has been exhausted.</p> <p>2. Such a sale of the mineral and severance of estate carry the right to remove or use so much of the containing strata, above and below, as may be reasonably required for the proper mining of the mineral.</p> <p>3. When there are no restrictions in the grant, reservation or exception which creates the estate, the space which may be left by the removal of the mineral and by the removal of so much of the containing strata as may be reasonably required for the operation of mining, remains a part of the property of the mine owner until the exhaustion of the mine, and may be used by him during the continuance of the estate as he may see fit, provided that such user does no injury to the surface; and this includes the right to haul mineral and drain water through such space from other mines.</p>