182. Nature of the action for damage.

(4)     Subsidence Damage

(i)     Common Law

182.     Nature of the action for damage.

At common law, if the surface1 subsides and is injured by the removal of the supporting strata, the owner of the surface, if entitled to the right of support2, may bring a claim against the owner of the minerals3 or other person who removed the strata4 for the damage sustained by the subsidence, even though on the supposition that the surface and the minerals belong to the same owner the mining operations may not have been conducted negligently