Harrison v. County of Stevens
Washington Court of Appeals
61 P.3d 1202 (2003)
Harrison (plaintiff) owned the mineral interests underlying 80 acres of land, while the Crains (defendants) owned the surface of 20 of those acres subject to Harrison's reserved mineral rights. When the Crains applied to subdivide their 20 surface acres, Stevens County's ordinance required signatures from anyone with an ownership interest in the land, and the county granted the application without Harrison's signature. Harrison appealed the grant, arguing his mineral interest required his consent; a hearing examiner affirmed the grant, but the superior court reversed in Harrison's favor, prompting the Crains' appeal.
Whether reserving mineral rights to a third party in a deed severs the mineral estate from the surface estate, such that the mineral owner has no ownership interest in the surface estate.