Ely v. Briley

CARROLL, Chief Justice.

In this case of first impression, we decide (1) whether a constructively severed mineral interest is subject to the doctrine of accretion, and (2) whether a deed reserving a one-half mineral interest to the grantor ceded the grantor’s right to future accretion to the grantee. Because we hold that a constructively severed mineral interest is subject to the doctrine of accretion, and that the deed in question did not limit the grantor’s right to future accretion, we will affirm the trial-court judgment.

THE CONTROVERSY

Since 1879, the tract of land in question was described…