368. Working of mines and waste.

(iii)     Limited Owners

368.     Working of mines and waste.

The rights of limited owners are governed by the doctrine of waste1. Prima facie, working new or unopened mines or quarries2 is waste, but working open mines is not waste: it is enjoyment of the profits of the estate3. The right to commit waste is not incident to the equitable interest of a tenant for life4 or the estate of a tenant for years5. Consequently, in the absence of express provision contained in the instrument under which their interests arise, tenants