| Commentary

45 Liberties in mineral leases

| Commentary

45 Liberties in mineral leases

A mineral lease defines the rights and privileges which a tenant is at liberty to exercise in working minerals. The grant of mines or minerals carries with it, by implication, a power to get them1, but this implied power extends only to matters which are strictly necessary for the convenient working of the mines2. The implied power is not restricted by the grant of an express power which is exercisable to a greater extent or for a longer period3, but if the express power is more restrictive than that which would otherwise be implied, the

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