Norken Corp. v. McGahan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remanding case for determination of whether necessity element for easement implied by prior use met at the time of severance
• noting that ways of necessity are also called easements by necessity
• court should resort to rules of construction only after failing to ascertain intent from deed and surrounding circumstances
• “[T]he mineral estate is the dominant estate, carrying with it the right to make such use of the, surface as is reasonably necessary to remove the minerals”
• “Courts . . . are virtually unanimous in holding that gravel is not a ‘mineral’ in the legal sense of that word.”
• “Courts . . . are virtually unanimous in holding that gravel is not a ‘mineral’ in the legal sense of that word.”

Source: CourtListener parenthetical corpus (CC0).