Commentary

15 Natural right of support for land

MINES, MINERALS AND LANDFILL vol 26(3)
| Commentary

15 Natural right of support for land

| Commentary

15 Natural right of support for land

The rule is now well settled that when the proprietary rights in the surface and the minerals have been separated, by whatever means, the surface owner has, as incident to his ownership, a prima facie right to support for the surface in its natural state from the underlying minerals. He is entitled to this right whether the origin of the separation is unknown1, or there has been a grant of lands excepting the minerals2, or a grant of minerals without the surface3, or whether the minerals were reserved to the lord of the

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