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. Where the life tenant opens the land for new mines (i.e., voluntary waste) a remainderman can enjoin such.
The sale of harvestable crops does not constitute waste.
Famous quotes containing the words open, mines and/or doctrine:
“Hail ye small sweet courtesies of life, for smooth do ye make the road of it! like grace and beauty which beget inclinations to love at first sight; ‘tis ye who open this door and let the stranger in.”
—Laurence Sterne (1713–1768)
“The humblest observer who goes to the mines sees and says that gold-digging is of the character of a lottery; the gold thus obtained is not the same thing with the wages of honest toil. But, practically, he forgets what he has seen, for he has seen only the fact, not the principle, and goes into trade there, that is, buys a ticket in what commonly proves another lottery, where the fact is not so obvious.”
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