Court properly denied Plaintiffs' motion for partial summary judgment and granted Defendants' motions for summary judgment as to construction of deeds that unambiguously conveyed subsidence rights in 127 parcels of real estate described in the deeds. Even if the deeds did not expressly convey subsidence rights, the appurtenant rights by virtue of the source deeds ran with the land and were transferred automatically from the original grantor to the grantee, even if the deeds never mentioned those rights. This transfer occurred automatically, by operation of law, because the deeds did not expressly reserve or terminate the subsidence rights that the original owner obtained int he source deeds.Subsidence rights were waived and released in all parcels of the deeds. (WELCH and WHARTON, concurring.)
Illinois Appellate Court
Civil Court
Mineral Law