Nutter v. Stockton

DOOLIN, Justice:

The “Open Mine Doctrine” permits a life tenant to receive all the profits from a mining operation on his land when the mineral lease was granted prior to and extends into his tenancy. 1 The doctrine has been applied to oil and gas leases as well. 2 The question presented for resolution is whether exclusive right to profits during his life permits a life tenant to grant a new lease after the original lease has expired, without consent of the remainderman? We hold it does not and affirm the trial court.

Beuna Gass executed a two-year oil and gas lease on the land in question in…