In 1910 the "coal, minerals, and mineral products" are severed from two contiguous surface tracts. Plaintiffs are the surface owners who file this action asserting mat the coal owner's (Hazard) use of a coal-haul road over their tracts for the transportation of coal mined off of their tracts is not authorized by the 1910 severance deed. The defendants make two arguments as to their entitlement to use the road for such purposes: it falls within the scope of the implied easement of the 1910 deed and if not, they have an implied easement by prescription.
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