Access and Trespass

The purpose of this paper is to provide some practical commercial advice in relation to issues of access and trespass during exploration. It is not my intention to provide a detailed analysis of the applicable law because this is not the appropriate forum for latin maxims and turgid case studies. Instead I will explain the issues in sufficient detail to enable those who are not familiar,with the legal concepts to understand their obligations and responsibilities in relation to exploration activities. Take as an example a situation where a company (for the sake of attempted light relief, called Rogue Mining) holds an exploration tenement adjacent to one held by Lamb Exploration. In conducting aerial exploration activities over its own tenement Rogue overflies the tenement held by Lamb, doesn't turn off its equipment and accidentally collects data in respect of the adjacent land. In analysing that data it becomes apparent to Rogue that there is a substantial anomaly on the adjacent land of which Lamb is apparently unaware. Rogue subsequently negotiates to purchase an interest in Lamb's tenement.