THE RESERVATION OR EXCEPTION OF MINES AND MINERALS

Abstract

In both England and Canada the courts have struggled to characterize the interest that remains when a person grants an interest in land subject to a reservation or exception of all mines and minerals. In this article the author examines the law that has developed upon that subject, as well as the similarities and differences in conclusions as to the meanings of the terms “mine” and “mineral”. In doing so, he first examines cases in England that have dealt with the ownership of mines and minerals. He then examines the development of Canada’s current legal concept of a reservation or exception of mines and minerals, and notes two cases in particular that have been exceptions to the trend of Canadian law. In concluding his article, the author draws several conclusions from both the English and Canadian decisions, but points out that the dynamic nature of the mining and petroleum industries is likely to result in various changes and developments to which Canadian courts will have to take a dynamic approach.