The ownership of the minerals may be vested in one, while the ownership of the surface is in another. This severance is often created by deed, in which case it amounts practically to a partition on a horizontal plane, the two estates being entirely separated, except that from the nature of the case, the surface owner can usually claim such incidental use of the surface as is necessary to enable him to mine the minerals.8

When minerals are so severed they form a separate part of the free hold and the estate is not a mere easement.4 Whether the right of entry on surface can be enlarged so as to allow the erection of coke ovens and its use for powder house, blacksmith shop and supply-stores depends upon the circumstances of the case as found by the jury.5

1 Titcomb vs. Kirk, 51 Colo., 288.

2 Bliss vs. Kingdom, 46 Cal., 651.

3 Caldwell vs. Fulton, 3 M. R., 238, 31 Pa., 475; Horner vs. Watson, 14 M. R., 1; 79 Pa., 242; Marvin vs. Brewster Co., 13 M. E., 40, 55 N. Y., 538. 4 Bonson vs. Jones, 56 N. W., 515; Plummer vs. Hillside Co., 104 F., 208.

5 Williams vs Gibson, 16 M. R., 243; 4 So., 350.