Greaves v. McGee
Supreme Court of Alabama
492 So. 2d 307 (1986)
York conveyed to Lamar County "all right title, interest and claim to a strip of land" for maintaining a public highway, describing land the road currently occupied or might occupy in the future as located by the county; the county later leased mineral rights under that road strip to Greaves (defendant), and York's successors, the McGees (plaintiffs), sued claiming they retained mineral ownership since the original conveyance was only an easement, not a fee simple transfer. The trial court ruled for the McGees.
Whether, to determine if an easement (rather than a fee simple interest) is created, courts must examine the entire instrument as a whole, the circumstances surrounding creation of the interest, and the parties' subsequent actions.