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
**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