Water is real property while in ponds, rivers, etc., but becomes personal property upon being piped out or bottled or in any way separated from the soil.
The water in a pond or river or lake is not susceptible of ownership, in the sense that any particular particles thereof can be permanently claimed, for water is a "movable, wandering thing"42 subject to evaporation, and passing from one man's land to another, but in the sense that the rights to ponds and rivers pass with the real estate, the water which is at any particular time on the property may be considered a part of the property. When water is bottled or carried away in any manner it becomes personal property.
Ice is to be considered as a part of the real estate unless cut therefrom, in which case it becomes personal property.
The ice on a man's land is real estate; being gathered, it becomes personal property.43
42. See quotation from Blackstone, on page 29, supra.
43. But it is held that ice while in its natural state may be sold as personal property. Higgins v. Custerer, 41 Mich. 318.
Rocks and stones whether imbedded in the soil or lying upon it in the natural position are a part of the real estate; but being gathered they become personal property.
It is clear that rock, and stones are a part of the real estate, and pass with a sale thereof.44 Rock quarried out of the land, would by becoming detached therefrom, lose its character as real estate.
44. Oil is a mineral and is real estate until it comes into a well. Nonamaker v. Amos, 73 Ohio St. 163.