Commentary

17 Loss of right of support for land

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

17 Loss of right of support for land

| Commentary

17 Loss of right of support for land

The prima facie right of support may be rebutted by proof that the owner of the surface has expressly or impliedly waived his right, and whether or not he has done so will depend on the terms of the instrument under which the mineral owner claims1. A claim of the right by custom of working minerals so as to let down the surface without compensation has been held to be unreasonable2, although such a claim may be upheld where compensation is to be paid for damage to the surface3. Where the minerals

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