Prior Possession

Question 1

Ad Coelum Doctrine

Answer 1

“To whomever the soil belongs, he owns also to the sky and to the depths (hell).”
[Cujus est solum, ejus est usque ad coelum infernos.]

Question 2

Prior Possession General Rule

Answer 2

Acient Rule: Whatever is affixed to the soil belongs to the soil.

Modern Rule: A permanent annexation to the soil, of a thing in itself, makes it a part of the realty.

[Goddard v. Winchell; aerolite]

Question 3

Prior Possession - Majority/Minority

Answer 3

1. Majority Rule - the fact that someone had prior possession raises a presumption of superior title (prior possession = presumption of superior title
   a. may be rebutted if:
   - i) shows Superior Title; or
   - ii) shows they are an agent of the true owner
2. Minority Rule - Presumption also prior possession = presumption of superior title
   a. may rebut in Replevin if:
   - i) shows Superior Title; or
   - ii) can show they are an agent of the true owner
   b. may rebut in Trover if:
   - i) shows Superior Title; or
   - ii) can show they are an agent of the true owner; OR
   - iii) able to show a third-party has superior title (double recovery) [WWII case]

Question 4

Oil and Gas - Kentucky Rule

Answer 4

When oil or “natural gas” is “turned loose into the Earth,” the oil or gas becomes mineral ferae naturae and owner “ceas[es] to be the exclusive owner of the whole of the gas.”

[Hammonds v. Central Kentucky Natural Gas Co.; gas underground did not entitle property owner to rents]

Question 5

Oil and Gas - Texas Rule

Answer 5

Texas does not follow the ferae naturae doctrine. “Extraneous gas” previously “reduced to possession” became personal property and, when injected back into the ground for storage purposes, title is not given up.

[Lone Star Gas Co. v. Murchison; extraneous gas stored underground]

Similarly, Texas holds surface landowner as owner of all minerals, BUT will lose his “title” if he does not exercise his exclusive right to reduce it to possession while owning land.

Question 6

Oil and Gas - Pennsylvania Rule

Answer 6

A landowner does not own minerals until he has reduced them to his possession.

Question 7

General Rule of Prior Possession

Answer 7

1. The law presumes superior title to someone who can prove prior possession compared to another party
2. Person without prior possession may overcome person who establishes prior possessoin
   - Minn. (Majority Rule) (Anderson v. Goldberg) - same requirements/suit to overcome possession claim under trover or replevin
   - NC (Minority Rule) (Russell v. Hill) - different requirements/suits to overcome possession claim under replevin/trover

Question 8

No Prior Owner

Answer 8

When no prior owner existes (i.e., aerolite), title goes to the person who first occupies the property.

[e.g., Goddard v. Winchell]