Hi Group
Of course it will depend on the Nation (and here in Australia the State)
but it has been many years since a land owner has any rights "from the top
of the sky to the centre of the earth" ...most land has either had mineral
rights revoked or (if the transaction took place in the last 100 years or
so) was sold with such rights (and in some cases also the right to let down
the surface) reserved to the vendor. As for the sky... try to keep the
aeroplanes out by firing a rocket (or even flying a kite) and you will run
into problems
For th drift mine, of course the operator has to own or lease the surface
where the drift emerges.when the mine closes and the lease lapses then this
land can revetto other (agricultural or residential) purposes
Regards
John
----- Original Message -----
From: "Pete Mason" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 14, 2003 9:17 PM
Subject: Ownership
> Ladies and Gentlemen, a question from someone interested in, but not
> involved in the mining industry.What right in law allows a mine to be
> driven under other properties? Does the same legislation cover drift as
> well as deep mines? If that mine is subsequently abandoned does ownership
> of it revert to the owner(s) above and would they therefore assume
> liability for maintenance or repairs through subsidence etc?If the mine
> passed under several properties would each own the section below their
> property? This arose from a discussion where the following points were
> argued- (1)ownership of a mine/tunnel is that of the owner of the land
> where the entrance is(2) a freeholder owns above and below his propery "to
> the top of the sky and the centre of the earth" Thanks Pete
>
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