Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
When Estates Collide: A Student's Exploration Of The Law Of Conflicts In Mineral Development, Jason Marks
When Estates Collide: A Student's Exploration Of The Law Of Conflicts In Mineral Development, Jason Marks
Student Thesis Honors (1996-2008)
The separation of estates can and does result in situations in which the interests of the possessors are in conflict. Volume 1 of this paper explores the substantial body of common law pertaining to conflicts between mineral production and surface use. Traditionally, this law has unabashedly recognized the dominance of mineral interests over the surface estate. While some jurisdictions have adopted ameliorating doctrines through common law or by statute in recent decades, this unequal relationship still holds fast. In many respects and many situations, the dominance of mineral interests is justified by the reasonable construction of leases and other conveyances. …