If a lease of land be made for life, or for years, in part of which there is a mine open, the lessee may dig in it.
If the mine were not open at the time of the lease made, the lessee cannot open it.
If a man hath mines hid within his land, and leases his land and all mines therein, the lessee may dig for them.
If land be leased in which there is a hidden mine, and the lessee opens it, and then assigns over his estate, the assignee cannot dig in it.
If a lessee assigns his term with an exception of the profits of the mines, or the mines themselves, or of the timber, trees, andc. such exception is void.
If lessee devises his term and dies, and then his executors do waste, and afterwards assent to the devise, an action of waste in the tenuit lies against the executors.
Citations:
[1572] EngR 330, (1572-1616) 5 Co Rep 12, (1572) 77 ER 66
Links:
Landlord and Tenant
Updated: 02 May 2022; Ref: scu.432296