Successor-in-interest to real estate developer that dedicated a city street brought action against owners of lots that abutted street and mineral developer to quiet title to mineral estate beneath street.
The District Court entered a judgment quieting title in lot owners after grant of mineral developer’s motion for a determination of a question of law and denial of successor-in-interest’s motion for summary judgment. Successor-in-interest appealed. The Court of Appeals affirmed in part and reversed in part. Successor-in-interest petitioned for certiorari review, which was granted.
In a case of first impression, the Supreme Court held that:
- Conveyance of land abutting a right-of-way is presumed to carry title to the centerline of both the surface and mineral estates;
- Application of centerline presumption does not require a grantor to completely divest all property it owns abutting the right-of-way;
- Statutory dedication of street did not horizontally sever mineral estate under street from lots abutting street; and
- Centerline presumption applied so that lot owners took title to surface and mineral estates to centerline of road.