341. Covenant for quiet enjoyment.

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