| Commentary

8 Actions for trespass

| Commentary

8 Actions for trespass

The ownership of minerals severed from the surface does give a right to bring an action for trespass should there be any physical trespass on the particular strata of mineral reserves and/or surface development which prevents the exercise of reserved working rights. The trespass may arise in a number of circumstances where surface development takes place, for example wind farms where foundations are needed at depth. A trespass may also arise from surface development where the minerals severed are those which are close to the surface and surface working rights have been reserved, for example the

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