If a mining lease contains no express covenant for quiet enjoyment, such a covenant will be implied by the use of the words 'demise' or 'let' or other equivalent words1. The working of an upper stratum so as to cause falls in the demised mine is a breach of the covenant2, but the working of an adjoining mine in a proper manner which unexpectedly causes flooding is not3.
Not every disappointment which a lessee meets with or experiences in the course of his enjoyment of the demised mines is a disturbance of that enjoyment within the meaning of the covenant
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234