326. Shafts.

If minerals1 cannot be got otherwise, the owner or lessee of the minerals may bore in a reasonable way through the lessor's land and minerals not included in the demise in order to reach them, and it does not matter whether the barrier is horizontal or vertical2.

The grant of an express liberty to sink pits or shafts3 imposes no obligation on the lessee to sink, even though at the time the lease was granted he did not own any adjoining mines4, or although it appears from the lease that all parties contemplated that a shaft would be sunk5, or