Open mines doctrine
From Wikipedia, the free encyclopedia
 |
| Property law |
|---|
| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, or abandoned |
| Treasure trove |
| Alienation · Bailment · License |
| Estates in land |
| Allodial title · Fee simple · Fee tail |
| Life estate · Defeasible estate |
| Future interest · Concurrent estate |
| Leasehold estate · Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser |
| Torrens title · Strata title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
The open mines doctrine is a term of real property. Under the open mines doctrine depletion of natural resources constitutes waste unless consumption of such resources constitutes normal use of the land, as in the case of a life estate in coal mine or a granite quarry.
The life tenant cannot open the land to search for minerals and other natural resources, but if the quarries or mines were open before the tenant took the life estate, then it is not waste for the life tenant to continue their use.
The sale of harvestable crops does not constitute waste.
[edit] See also
 |
This law-related article is a stub. You can help Wikipedia by expanding it. |
