At common law, when part of the realty is severed and converted into a chattel, it becomes immediately the property of the person who was the owner of the land whilst it remained a portion of the land1. However, the damages to which the owner is entitled against a person wrongfully taking minerals2 are based (in the absence of fraud or negligence) on what the owner has lost, which is the value of the mineral as it existed unworked in the pit3
**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