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In Eastern Kentucky, when surface rights and mineral rights have been severed, the mineral estate is considered:

Correct Answer

B) Dominant, with the right to reasonable use of the surface for extraction

Historically, Kentucky's broad form deed gave mineral owners extensive surface access rights. However, a 1988 constitutional amendment now requires surface owner consent for strip mining or other surface-disturbing extraction methods. The mineral estate retains the right to reasonable use of the surface for underground mining, but surface destruction without consent is prohibited.

Answer Options
A
Subordinate to the surface estate
B
Dominant, with the right to reasonable use of the surface for extraction
C
Equal to the surface estate in all respects
D
Invalid unless recorded separately

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Related Topics & Key Terms

Related Topics:

broad form deedmineral rights severanceKentucky Constitutional Amendment Section 19Asurface rightscoal mining law

Key Terms:

mineral estatedominant estatebroad form deedsevered rights1988 amendmentEastern Kentucky

Related Concepts

Community property is a system where property acquired during a marriage is owned equally by both spouses.

A freehold estate represents ownership of real property with an indefinite duration.

Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.

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