Robinson v. Boynton Coal Co.

Citations

• 58 Pa. Super. 176
• 1914 Pa. Super. LEXIS 286

Syllabus

<p>Mines and mining—Deed—Separation of minerals from surface— Surface support.</p> <p>1. A surface owner who owns the surface with right of support may convey the surface without the right of support.</p> <p>2. Where a surface owner with right of support conveys the land reserving all the minerals thereunder “without any recourse for damages by the owner of said surface,” the words “without recourse” are to be construed as meaning that the grantee shall not look to, or seek redress from his grantor, if damages are done. Such a deed does not reheve the owner of the mineral from maintaining the surface support.</p> <p>Orlady, Head and Porter, JJ., dissent.</p>