The Common Law of Subsurface Activity: General Principle and Current Problems

This chapter provides a general introduction to property rights to the subsurface and to minerals in common law countries other than the United States. One of the contentious problems is the principle that the rights of the owner of land extend downwards vertically, with no definite limit. This shows that the principle continues to be an accurate statement of the law. The second contentious point is the rights of a mineral owner — where mineral ownership exists separately from surface ownership — to workings, pore space, or other features associated with minerals. It has been shown that, generally, the mineral owner has no claim on such features except for the exploration and extraction of the minerals. There is no English rule to the contrary. Neither of these conclusions on contentious matters is normative; they are not arguments for suitable legal arrangements for subsurface resources. They are analyses of the default rules, which often need to be changed.