RAILROADS -- EXTENT OF TITLE ACQUIRED BY RAILROAD BY ADVERSE POSSESSION OF LAND USED AS RIGHT-OF-WAY - EFFECT ON MINERAL RIGHTS

Authors

Roy L. Rogers, University of Michigan Law School

Abstract

In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.

Recommended Citation

Roy L. Rogers, RAILROADS -- EXTENT OF TITLE ACQUIRED BY RAILROAD BY ADVERSE POSSESSION OF LAND USED AS RIGHT-OF-WAY - EFFECT ON MINERAL RIGHTS, 39 Mich. L. Rev. 297 (1940).
Available at: https://repository.law.umich.edu/mlr/vol39/iss2/8