| Commentary

50 Wayleaves

| Commentary

50 Wayleaves1

If a mineral operator carries minerals through land in which it has neither a right of property nor a right of way, it commits a trespass in respect of which an action for damage will lie. Similarly, if it uses a way of a kind unauthorised by its grant, or for improper purposes such as for the carriage of foreign minerals, it may be liable in damages. The measure of damages is the value of the right to use the land for the purposes for which it is sought to use it. Compensation is measured by a

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