Chosar Corporation v. Owens

Supreme Court of Virginia, 1988.

235 Va. 660, 370 S.E.2d 305.

Johnson, pp. 186-190


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.


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