Does the severe rule apply if the owner of the land was able to personally extract the substance from the land?
Saskatchewan, Canada
The following excerpt is from Montreal Trust Co. v. Williston Wildcatters Corp., 2003 SKQB 360 (CanLII):
I digress briefly. There is some suggestion in the jurisprudence that the severe rule should be applied if the owner would have been able to personally extract the substance from the land. See Livingstone v. The Rawyards Coal Company, supra. It was argued that the plaintiff should obtain the benefit of the severe rule because a unit holder could have carried out the extraction of the oil.
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