36. Damages for trespass.

36.     Damages for trespass.

The owner of minerals1 which have been wrongfully abstracted may bring a claim for damages for trespass2, but actual possession is necessary to maintain this form of claim3. If a tenant is in possession the landlord may sue for injury to the reversion4, but not for a trespass which is not shown to injure the reversion5. A person in possession with an exclusive right to take minerals6, and a person entitled under the Limitation Act 1980, may maintain a claim of trespass7.