Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd (634/05)
Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd (634/05) [2006] ZASCA 118; [2007] 2 All SA 567 (SCA); 2007 (2) SA 363 (SCA) (29 November 2006)
The Supreme Court of Appeal held that the holder of mineral rights is entitled, by virtue of a term implied by law, to conduct open cast mining when it is reasonably necessary to remove the minerals, provided that it is done in a manner least injurious to the interests of the surface owner. The principle of lateral or subjacent support, as a rule of neighbour law, does not automatically apply to the relationship between mineral rights holder and surface owner in South African law. The property should be considered in the context of the larger coal field, and the rights acquired include ancill…
Source excerpt
- Mineral Rights
- Open Cast Mining
- Servitude Principles
- Civiliter Modo
- Stream Diversion
- Constitutional Property Rights