Reference

Full Case Name

Gordon v. Delaware, Lackawanna and Western Railroad Company

Cited By

8 cases

Status

Published

Syllabus

Deeds — Conveyances of surface — Waiver of surface support — Legality — Equity—Injunction. 1. Where in a conveyance of land the grantor reserves the coal and minerals beneath the surface together with the right to mine and remove the coal and minerals without incurring'any liability for injury caused or damage done to tbe surface or to the buildings and improvements thereon, the reservation is not as broad as the grant and is not illegal. 2. The right of surface support can be waived by an implied as well as by an express covenant, and it is so implied by the acceptance of a grant of the surface of mineral lands offered upon terms unmistakably intended to extinguish the right of surface support; such waiver of surface support does not violate the statute of frauds, although not evidenced by a writing signed by the grantee. 3. A bill in equity to restrain a mining company from mining under plaintiff’s lot without providing surface support is properly dismissed, where it appears that in the deed separating the surface from the minerals made by a grantor under whom both plaintiff and defendant claimed, the right of surface support had been waived.