261. Trespass.

261.     Trespass.

If a mine1 owner carries minerals2 through land in which he has neither a right of property nor a right of way, he commits a trespass in respect of which a claim for damages will lie3. Similarly, if he uses a way of a kind unauthorised by his grant4, or in a direction which is unauthorised5, or for improper purposes6 such as for the carriage of foreign minerals, he may be liable in damages7.