Ambit of mineral rights : paving the way for new order disputes
CITATION: Badenhorst, P. J. & Mostert, H. 2007. Ambit of mineral rights : paving the way for new order disputes?. Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2007(2):409-422.
The original publication is available at https://journals.co.za/content/journal/ju_tsar
The ambit of a real right, such as a mineral right, is determined by ascertaining the content thereof by identifying and listing its entitlements as well as identifying the limitations placed upon the exercise of such right. Once the ambit of a right (and/or competing rights) is determined, the relationship or possible conflict between parties holding different rights to the same legal object may be ascertained. This contribution is a discussion of the recent decision in Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd 2006 1 SA 350 (T) in which the content of mineral rights in the context of the doctrine of lateral support was considered. A brief exposition of the relevant facts follows, whereafter the arguments entertained by the court is discussed. The court's decision on the ambit of mineral rights and the applicability of the property clause to the present case will then receive attention, before the general impact of the decision is discussed in more detail.