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<blockquote data-quote="Bright Raven" data-source="post: 1418175" data-attributes="member: 27490"><p>In Kentucky law there was a legal contract that was employed to lease coal mineral rights - called the "Broad Form Deed". Thousands of landowners in Appalachian Kentucky sold their mineral rights under that legal instrument. The deed said the mineral holder had rights to said mineral by " ingress and egress, in, under and through said property to access their mineral holdings". It was said the King of England lacked such Broad authority.</p><p><strong></strong></p><p><strong>The doctrine of estate severance—allowing separate legal ownership of multiple land </strong></p><p><strong>strata—traces back to sixteen and seventeenth English common law that permitted the creation </strong></p><p><strong>of "royal mines."11 The King of England was permitted to enter privately owned land to </strong></p><p><strong>excavate saltpeper below the surface while maintaining the surface owner's right to the surface </strong></p><p><strong>estate.12 English colonists brought the concept of royal mines to America, and, with the onset of </strong></p><p><strong>the Industrial Revolution, horizontal severance was utilized by mining companies to access </strong></p><p><strong>subsurface minerals.13 By the early twentieth century, horizontal severance was accepted by </strong></p><p><strong>jurisdictions across the country</strong></p></blockquote><p></p>
[QUOTE="Bright Raven, post: 1418175, member: 27490"] In Kentucky law there was a legal contract that was employed to lease coal mineral rights - called the "Broad Form Deed". Thousands of landowners in Appalachian Kentucky sold their mineral rights under that legal instrument. The deed said the mineral holder had rights to said mineral by " ingress and egress, in, under and through said property to access their mineral holdings". It was said the King of England lacked such Broad authority. [b] The doctrine of estate severance—allowing separate legal ownership of multiple land strata—traces back to sixteen and seventeenth English common law that permitted the creation of “royal mines.”11 The King of England was permitted to enter privately owned land to excavate saltpeper below the surface while maintaining the surface owner’s right to the surface estate.12 English colonists brought the concept of royal mines to America, and, with the onset of the Industrial Revolution, horizontal severance was utilized by mining companies to access subsurface minerals.13 By the early twentieth century, horizontal severance was accepted by jurisdictions across the country[/b] [/QUOTE]
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