Surface- Mineral Severance: Herein Of Split Estates

Question 0

McFarland v. Taylor

Answer 0

Arkansas

Taylor was the owner of both the mineral and surface estate and allowed McFarland to use his road for ingress and egress. Eventually withdrew his permission.

Court ruled the alternate route was the most reasonable for ingress ad egress

Question 1

Sun oil v. Whitaker

Answer 1

Texas

Whitaker used an aquifer to irrigate his crops. Sun proposed to use mass amounts of water for secondary recovery that would severely shorten the life of the aquifer.

The court ruled there was an implied right to free use of water to produce the oil from the wells. Sun got away with this one should put that they can’t use any water without express permission.

Question 2

Easement

Answer 2

An interest in land, in which one has a right to use over the property of another. The owner of the easement does not have to share proceeds and no development can interfere with the enjoyment of the easement.

Question 3

Security interests

Answer 3

Premises subject to a mortgage or deed of trust may not be developed without the consent of the secured creditor. This is done by obtaining a subordination agreement. Absent this agreement any development is considered waste.