context: . While not at issue in this case, mortgages frequently encumber mineral rights and the like. Under Connecticut law, such rights are clearly an integral part of the fee ownership of the land, until and unless they are severed from the surface estate.
citation_a.signal: cf.
citation_a.identifier: 149 B.R. 441, 445
citation_a.parenthetical: a security interest in oil, gas and mineral rights did not remove the mortgage from the protection of SS 1322(b
citation_a.sentence: See Miller v. State of Connecticut, 121 Conn. 43, 47, 183 A. 17 (1936) (the owner of land may convey the surface or soil in fee and reserve an estate in minerals or a right to mine them; may convey a fee estate in minerals only; or may grant or lease the right to'mine minerals while retaining the fee in minerals); City of New Haven v. Hotchkiss, 77 Conn. 168, 173, 58 A. 753 (1904) (the owner of the fee may reserve mining rights from a conveyance of the fee, in which event the fee to minerals is conveyed, and the grantor retains only the privilege to enter on the land and remove minerals which become the grantor’s property once removed); Hartford & Salisbury Ore Co. v. Miller, 41 Conn. 112, 129 (1874) ("Mineral and ore rights, when severed from the land and owned by tenants in common, are real estate....”); cf. Hernandez v. Union Nat'l Bank of Arkansas (In re Hernandez), 149 B.R. 441, 445 (Bankr.E.D.Tex.1993) (a security interest in oil, gas and mineral rights did not remove the mortgage from the protection of § 1322(b)(2)).
citation_b.signal: see
citation_b.identifier: 77 Conn. 168, 173
citation_b.parenthetical: the owner of the fee may reserve mining rights from a conveyance of the fee, in which event the fee to minerals is conveyed, and the grantor retains only the privilege to enter on the land and remove minerals which become the grantor's property once removed
citation_b.sentence: See Miller v. State of Connecticut, 121 Conn. 43, 47, 183 A. 17 (1936) (the owner of land may convey the surface or soil in fee and reserve an estate in minerals or a right to mine them; may convey a fee estate in minerals only; or may grant or lease the right to'mine minerals while retaining the fee in minerals); City of New Haven v. Hotchkiss, 77 Conn. 168, 173, 58 A. 753 (1904) (the owner of the fee may reserve mining rights from a conveyance of the fee, in which event the fee to minerals is conveyed, and the grantor retains only the privilege to enter on the land and remove minerals which become the grantor’s property once removed); Hartford & Salisbury Ore Co. v. Miller, 41 Conn. 112, 129 (1874) ("Mineral and ore rights, when severed from the land and owned by tenants in common, are real estate....”); cf. Hernandez v. Union Nat'l Bank of Arkansas (In re Hernandez), 149 B.R. 441, 445 (Bankr.E.D.Tex.1993) (a security interest in oil, gas and mineral rights did not remove the mortgage from the protection of § 1322(b)(2)).