Surface rights and mining rights for land

[kcu]

I have a technical question about land transfer document / deed.

When land is transferred as the result of a tax sale, the treasurer usually makes an inquiry with the Ministry of Northern Development and Mines about taxes imposed under Mining Act.

If the treasurer states in the deed that there is no mining tax and the transfer does not create a severance of the surface rights from the mining rights, does that mean that the new owner has both the surface rights and the mining rights?

If the treasurer makes a mistake in the deed regarding the severance of rights, can the new owner make a claim if he finds that someone else owns the mining rights?

Your comments would be appreciated.

Thank you.