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N Cal Attorney
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Experience:  Since 1983
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In Texas there is a situation where Im not sure if the Strip

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In Texas there is a situation where I'm not sure if the "Strip and Gore Doctrine" applies, especially in regards XXXXX XXXXX "middle of two Rights-of-way" that are contiguous. Here is the case:
A Railroal right of way was granted by the then current owner back in 1881. A road right of way was granted to the City in 1910 right next to the railroad ROW. In 1935, subdivisions started to be "dedicated" on both sides of the road and the railroad. If the Strip & Gore Doctrine states the offset current owners of the lots next to the road or next to the RR own the minerals to the middle of the road and to the middle of the RR on the other side, who owns the minerals under the "strip of half road and half RR? Or does the offset owners of the road ROW own all the minerals under the road to the edge of the RR ROW and the offset owners of the RR ROW own all the minerals under the railroad?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 5 years ago.
The owners of the right of way only have an easement and do not own any mineral rights. Mineral rights belong to the owner of the surface unless split off and transferred separately. The basic presumption is that a landowner owns the land from the edge of the sky to the center of the earth.

http://wiki.answers.com/Q/What_is_the_definition_regarding_Mineral_rights_to_strip_and_gore has some information on this.

That page states the same view:
Fortunately, in many cases, the streets and cul-de-sacs are deemed to be mere easements or rights-of-way with underlying title belonging to the owners of lots burdened by these encumbrances.108 Accordingly, in the instance of two lots on opposite sides of a street, the lot owners would most likely own the underlying possessory interest, including the minerals, to the center of the street.
Customer: replied 5 years ago.
While the lot owners would own the minerals to the center of the street, what happens if there is a Railroad Right-of-way on the other side of that street? Do the lot owners on the Railroad ROW side own to the middle of the RR ROW? If that is the case, who owns "middle sections" of the road ROW and the RR ROW that are "touching" each other?
Expert:  N Cal Attorney replied 5 years ago.


I am not sure I am visualizing your situation properly, but whichever lots granted the ROWs retained ownership of the mineral rights.
Customer: replied 5 years ago.

The Railroad Right of Way (#1) was granted in 1881 and the Road Right of Way (#2)was granted in 1910. Since then, the land on both sides has been sold to others and those owners created subdivisions offsetting both Rights of Way (#1 & #2) that are contiguous to each other. I understand that the offset lot owner (called "A") is the owner of the minerals under the Road ROW (#2) next to their lot - up to the middle of the ROW(call this half 2A). Then the other offset lot owner (caled B) on the other side of both ROWs next to the Railroad ROW (#1) owns the minerals under that ROW to the middle of the ROW (call this half 1B). But who owns the minerals under the other halves of the ROWs that are next to each other (called 2C & 1D)? Unless the Strip & Gore Doctrine allows the offset lot owner (B) to own all the minerals on the entire Railroad ROW(#1) and lot owner (A) to own all of the minerals on the entire Road ROW (#2) ??

Your thoughts, please

Expert:  N Cal Attorney replied 5 years ago.
Whoever granted the ROW owns the minerals under the entire right of way, not under half of it.

I believe A owns the minerals under the road ROW, and B owns the minerals under the RR ROW.
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 8077
Experience: Since 1983
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