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Edwards v. Sims

Court of Appeals of Kentucky

24 S.W.2d 619 (1929)

Relevant factsFree

Edwards (plaintiff) owned land providing access to the Great Onyx Cave, part of a larger cave complex; a neighboring landowner sued Edwards, alleging part of the cave (and Edwards's commercial use of it) extended under her property without authorization. The trial judge, Sims (defendant), ordered the cave surveyed to determine whether it ran beneath the neighbor's land and whether Edwards's use constituted trespass. Because Edwards had no right to appeal that interlocutory survey order directly, he petitioned the appellate court for a writ of prohibition to block its enforcement.

IssueFree

Whether, under Kentucky law, one who holds exclusive property rights to surface lands also possesses exclusive property rights to the subterranean areas beneath those lands.

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