Stilley v. Pittsburgh-Buffalo Co.

Citations

• 234 Pa. 492
• 83 A. 478
• 1912 Pa. LEXIS 677

Syllabus

<p>Mines and mining — Surface—Support—Waiver of damages— Intention of parties.</p> <p>1. In a grant of all tbe coal underlying a tract of land, in tbe absence of an express waiver, or tbe use of words from wbicb tbe intention to waive clearly appears, there is imposed upon the mineral estate tbe servitude of surface support. Tbe owner of the surface may waive the right of surface support by his deed or covenant.</p> <p>2. Where a deed conveys all the coal underlying a tract of land “together with the free and uninterrupted right of way into, upon and under said land at such points and in such manner as may be proper and necessary for the purpose of digging, mining and carrying away said coal, hereby waiving all damages arising therefrom,” the words “waiving all damages” are to be construed to include such injuries to the land as may result from mining and removing all the coal. By such a deed the grantor waives his right to surface support.</p>