Laserfiche WebLink
_ � '_ , . , �► , . <br /> -2- <br /> They cannot excavate it, or,most importantly, they cannot separate <br /> it and convey it to a third party, except for roadway purposes. <br /> They own it only in the sense they have title to it. They have no <br /> dominion over it. <br /> As stated in 73 CJS, Property, Sec. 13 (b) : <br /> "Whether in a given case one is an 'owner' <br /> will depend on particular circumstances and <br /> one having a particular estate or interest <br /> may be regarded as an owner for some purposes <br /> while not so regarded for others. " <br /> II <br /> A mineral estate may be severed from the surface estate by a <br /> grant specifically of the minerals, and when done so by deed, two <br /> estates exist in the land which are subject to separate ownership. <br /> However, ownership must be defined. "While the meaning may vary <br /> according to context and subject matter, when applied to real <br /> estate . . . [it] means an owner in fee simple. " Bower v. John, <br /> 201 I11 292 . While minerals lying beneath the surface can and <br /> often are conveyed by deed, the conveyance is limited to the <br /> minerals beneath the surface. The conveyance is of the minerals <br /> only, and is so limited. The conveyance while creating an <br /> ownership, does not convey such an ownership as that contemplated <br /> by Statute (Ch 24, Sec 7-1-2 et seq. I11. Rev. Stat. 1991 as <br /> amended. ) <br />