Robertson v. Youghiogheny River Coal Co.

Citations

• 172 Pa. 566
• 33 A. 706
• 1896 Pa. LEXIS 811

Syllabus

<p>Mines and Mining — Surface support.</p> <p>where the mineral estate is severed from the surface by a conveyance, the lower estate passes to the grantee subject to the servitude imposed upon it by nature for the support of the surface. The surface owes to the lower estate an easement or servitude for access. The lower estates owe to each other and to the surface an easement for support. The owner of the mine must leave enough of the mineral in place to answer the purpose of support for the surface unless the owner of the surface has released his right to support: Jones v. Wagner, 66 Pa. 429.</p> <p>A sale of all the coal under a tract of land is not in terms or by necessaiy implication a release of the right to surface support, and the rule is in no way qualified by the ease of Sanderson v. The Coal Co., 113 Pa. 126.</p>