RAILROADS-RIGHT TO DRILL FOR OIL OR GAS ON RIGHT OF WAY

Authors

Abstract

A railroad had acquired a one-hundred-foot strip of land through a farm, the deed describing the land granted by metes and bounds, and "for railroad purposes only." For fifty years the defendant has continuously used the strip for railroad purposes. The plaintiff, who became owner of the farm and successor to whatever rights in the strip remained to his grantor, sought to enjoin the defendant from drilling for oil and gas in the strip. Held, that the railroad had purchased a fee simple absolute in the strip and was therefore entitled to develop its own minerals. Quinn v. Pere Marquette Ry. Co., 256 Mich. 143, 239 N. W. 376 (1931).

Recommended Citation

RAILROADS-RIGHT TO DRILL FOR OIL OR GAS ON RIGHT OF WAY, 30 Mich. L. Rev. 1345 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss8/23