The Meaning of “Minerals” – The Relationship of Interpretation and Surface Burden

As deposits on this continent of substances rich in energy and the raw materials of manufacture take on increased significance for the well being of the American economy, old documents and old doctrines are coming under new scrutiny. The documents are conveyances which name specific substances and then round out the description of their covered subject matter with the words, "other minerals." Decades may pass from its execution to the time that such a document becomes the subject of intense interpretive scrutiny. In such circumstances much may turn on the meaning of such words as "other minerals" in documents constituting a chain of title.

The judicial process of giving meaning to the word "minerals" in particular contexts has moved in tempo with the conveyancing practices which have followed the changing phases of mineral development. The approaches that have been taken to ascribing meaning to "minerals" are not easily and accurately categorized but some general groupings may be useful in summary. It is assumed in describing these categories that no other language in the instrument gives meaning to the words of intended mineral severance.

(1) Words of "mineral" intent are ambiguous and evidence should be admitted concerning the circumstances of the parties to the conveyance and conditions of mineral development and public awareness of mineral substances at the time and place that the conveyance containing the language is executed. When the meaning is thus determined appropriate easements should be implied.

(2) Such words are unambiguous and operate to convey or reserve everything in the land which is sufficiently separate from the soil and its supporting matrix to be thought of as capable of severance so as to constitute a separate mineral estate. When the substances severed are thus determined appropriate easements will be implied.

(3) Like (2) except that the determination that mineral substances have been severed into separate ownership will not be held to result in the implication of destructive easements. Further, the surface estate will be given full protection as a separate property interest and will not be subjected to easements beyond those which the court is willing to imply in fact from the language separating the land into surface and mineral estates.

(4) Like (2) except that the appropriate easements which are implied can be exercised when the court, balancing the equities, determines that an injunction against their exercise would be inequitable. A condition of this judicial restraint will be the payment of court determined damages to the owner of the surface estate.

(5) The limits of mineral ownership conveyed or reserved by such words of mineral severance will be determined by the reasonableness of the burden which the court thinks the owner of the surface estate intended to assume at the time the document in which the words were contained took effect. Mineral substances that would impose too great a burden will remain a part of the surface estate.