Does a contract for the sale of freehold land include mines and minerals?
Saskatchewan, Canada
The following excerpt is from Gutschenritter v. Ball, 1924 CanLII 71 (SK CA):
A contract for the sale of freehold land includes mines and minerals, unless they are expressly excluded, and it has been held to be a defect of title if the title of the vendor does not include minerals (Bellamy v. Debenham [1891] 1 Ch. 412, 60 L.J., Ch. 166; 20 Balsbury, p. 545, par. 1384; Williamson v. Wootton [1855] 3 Drew. 210, at p. 213 [61 E.R. 883]).
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