32. Property in abstracted minerals.

(ii)     Rights against Persons Wrongfully Taking Minerals

32.     Property in abstracted minerals.

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