Commentary

46 Conditions as to support for surface in mineral leases

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

46 Conditions as to support for surface in mineral leases

| Commentary

46 Conditions as to support for surface in mineral leases

Careful drafting is required to define properly the rights and liabilities of the parties in respect of surface support1.

In particular, where the tenant is not to be under the obligation of maintaining the surface, it should be granted the right to let it down or destroy it in the course of working. This is to rebut the common law presumption of the surface owner’s right of support. There may in such a case be an exception as regards parts of the surface which are covered with buildings, but the tenant

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