255. General principles.

(5)     Rights of Way

255.     General principles.

A person may construct a road through his own mine1 by virtue of his right of property in the mine; and for this purpose the term 'mine' in an exception is not restricted to the mineral stratum, but includes a layer of the adjoining soil sufficient for working the excepted mine in a proper manner2.

Rights of way may also exist as rights in another's land appurtenant to a mine3. In such a case the dominant owner is not entitled as against the servient owner to