| Commentary

55 Wayleave rents

| Commentary

55 Wayleave rents

A mineral lease may reserve a wayleave rent in respect of minerals brought across the demised land from adjacent or nearby land worked by the tenant. In the case of an underground mine, where the possession of the mine and surface are in the tenant, he is entitled to exercise such rights without payment unless a wayleave rent has been expressly reserved1. Where he uses the rights without authority, he will be liable in damages, and the damages are assessed upon the basis of a proper wayleave rent2. If there are to be separate wayleave rents for

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