open mines doctrine

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The open mines doctrine is a common law doctrine in property law that permits a life tenant to commit voluntary waste on a piece of land by depleting it of natural resources. The general rule is that a life tenant should avoid committing waste on a piece of property to avoid violating the rights of the people who hold the remainder interest in the property. Generally, the life tenant would only be able to receive interest on the mining royalties from the estate, but under the open mines doctrine, the tenant can receive the full rents and royalties from mining.

Under the open mines doctrine, if mining was previously done on the land and mines were currently open at the time the life tenant took possession of the land, then the tenant is allowed to continue mining on the land but can only continue to mine in the open mines already in existence and cannot open any new mines on the land. The doctrine is not explicitly restricted to mining, as it can also apply to oil, gas, and other extractive industries.

[Last updated in July of 2023 by the Wex Definitions Team]