Chosar Corporation v. Owens
Court of Virginia, 1988.
Va. 660, 370 S.E.2d 305.
Facts: A bunch of Willises co-owned
some land in Virginia. There was some coal under the land, and 85%
of the co-owners agreed to lease the land to Chosar for mining. The Owens were the other 15%, and they
objected to the mining. They sued to
enjoin Chosar from doing the mining, claiming that doing the mining without the
consent of 100% of the co-owners would constitute waste. The trial court permanently enjoined Chosar
from hauling away any more coal. Chosar appealed.
Issue: Does mining without the
consent of all co-owners constitute waste entitling the non-consenting co-owners
to an injunction, and if so, can the consenting co-owners allow a third party
to transport coal out on adjoining land from an underground passageway?
Conclusion: The majority affirms the
decision of the trial court.
Back to Forms of Concurrent Ownership
Back to Casebook Notes