§ 46-4. Surface and minerals in separate owners; partitions distinct. - North Carolina Statutes

§46‑4.  Surface and minerals in separate owners; partitions distinct.

When the title to the mineralinterests in any land has become separated from the surface in ownership, thetenants in common or joint tenants of such mineral interests may have partitionof the same, distinct from the surface, and without joining as parties theowner or owners of the surface; and the tenants in common or joint tenants ofthe surface may have partition of the same, in manner provided by law, distinctfrom the mineral interest and without joining as parties the owner or owners ofthe mineral interest. In all instances where the mineral interests and surfaceinterest have thus become separated in ownership, the owner or owners of themineral interests shall not be compelled to join in a partition of the surfaceinterests, nor shall the owner or owners of the surface interest be compelledto join in a partition of the mineral interest, nor shall the rights of eitherowner be prejudiced by a partition of the other interests. (1905,c. 90; Rev., s. 2488; C.S., s. 3216.)