RAILROADS -- EXTENT OF TITLE ACQUIRED BY RAILROAD BY ADVERSE POSSESSION OF LAND USED AS RIGHT-OF-WAY - EFFECT ON MINERAL RIGHTS
Rogers, Roy L.
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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.