55-154.2 - Presumption regarding estate of owner of mineral rights. - Virginia Statutes

§ 55-154.2. Presumption regarding estate of owner of mineral rights.

Except as otherwise provided in the deed by which the owner of mineralsderives title, the owner of minerals shall be presumed to be the owner of theshell, container chamber, passage and space opened underground for theremoval of the minerals, with full right to haul and transport minerals fromother lands and to pass men, materials, equipment, water and air through suchspace. No injunction shall lie to prohibit the use of any such shell,container chamber, passage or space opened underground by the owner ofminerals for the purposes herein described. The provisions of this sectionshall not affect contractual obligations and agreements entered into prior toJuly 1, 1981.

(1981, c. 291.)