361. Rights where ownership severed.

361.     Rights where ownership severed.

If the ownership of the mines1 is severed from that of the surface, the owner of the mines has absolute powers of using as he may think fit the empty space from which minerals2 have been worked (subject only to any statutory or common law restriction to the contrary)3; and, where for the purpose of properly working mines excepted from a grant, roads have been extended into the adjoining strata, such owner is entitled to use the roads for any purpose4. If the ownership of minerals only is