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 the exclusive use of the right of way
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