surface

This term, when used in law, is seldom, if ever, limited to mere geometrical superficies, although when used without any qualifying phrase in a deed, it ordinarily signifies only the superficial part of land. And when employed in connection with mining, it usually means that part of the earth or geologic section lying over the minerals in question, unless the contract or conveyance otherwise defines it. Thus, where the surface is granted to one and the underlying coal to another, the "surface" includes the soil and waters which lie above and are superincumbent on the coal. Nevertheless, a conveyance of the "surface," except the oil and gas rights in the land, may be deemed, under certain circumstances, to constitute a conveyance of all the land (including coal deposits), except only the oil and gas rights specifically reserved. The term "surface," when used as the subject of a conveyance, is not a definite one capable of a definition of universal application, but is susceptible of limitation according to the intention of the parties using it; and in determining its meaning, regard may be had, not only to the language of the deed in which it occurs, but, also to the situation of the parties, the business in which they were engaged, and to the substance of the transaction