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$920. Preliminary and review.

921. Of the nature, quality and extent of estate generally acquired by

conveyance — Conveys minerals.

922. Same — Rule under English railway and other acts

923. In the absence of severance, mines and minerals belong to the

owner of the soil.

924. Of similar rights in England.

other patents as a severance.


$ 997. Severance, how accomplished.

998. Same subject — Difference between the present rule and the

common law - As many owners as there are strata.

999. Same subject - Invocation of the maxim that he who owns the

soil owns upward to the skies.

1000. Some cases of severance at the early common law - Copyhold

and customary lands.

1001. Severance by deed of enfranchisement.

1002. Question of the commoi-law presumption – General doctrine

of severance No joinder by occupancy No running of the

statute of limitations.

1003. Same - Other decisions - All attributes of property — Title

may be by adverse possession.

1004. The Earl of Cardigan case Liberal construction of reserva-

tion - Words of inheritance not necessary.

1005. Separate estates same as adjoining closes — Limitation upon

incidental rights.

1006. An early English statute reserving minerals, and its construc-

tion by the court of exchequer - Fossils included.

1007. Implied and incidental rights of severed estates as viewed by

the cases in this country — The doctrine of Marvin v. Brews-

ter Iron Company – A grant or reservation carries with it

the means of enjoyment.

1008. Question for jury – Rights impliedly reserved.

1009. Particular easements — Right of way through the severed

strata — Effect of severance upon superjacent and subjacent


1010. Ownership of the empty space.

1011. Comments - A servient duty in each estate with reciprocal


1012. Tunneling under ground of another - Pursuant to custom -

Statute prohibiting,

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