Case of Mines (1568) 1 Plowd 310 at 336, 75 ER 472
In this case it was held that when land was conveyed so, too, were the subsurface resources unless surface and mineral rights were deliberately and explicitly separated in the instrument of conveyance. The only exceptions to this rule were gold and silver, which, as the ‘most excellent products of the soil’, were deemed to remain subject to the ownership of the Crown as the ‘most excellent person in the realm’.
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