McLean Estates Ltd v Earl of Aylesford & Ors [2009] EWHC 697 (Ch) (12 March 2009)

McLean Estates Ltd v Earl of Aylesford & Ors [2009] EWHC 697 (Ch) (12 March 2009)

Keuper Marl is not within the exception of mines and minerals in the 1922 conveyance because its inclusion would deprive the land of all utility, is not exceptional in use, value or character, and the parties did not contemplate its inclusion as a mineral at the time of the grant.

Citation
[2009] EWHC 697 (Ch)
Parties
Claimant: McLean Estates Limited; Defendants: The Earl of Aylesford & Others
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Civil / Judgment on Preliminary Points of Construction
Outcome
Declaration in favour of claimant
Legal Topics
Conveyancing, Mineral Rights, Land Law, Interpretation of Deeds
Property Law Conveyancing Mineral Rights Land Law Interpretation of Deeds

Case Brief

Summary, issues, holding and outcome

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Parties

McLean Estates Limited

Claimant

The Earl of Aylesford & Others

Defendants

Procedural Posture

Civil / Judgment on Preliminary Points of Construction

Legal Issues

  1. 1 Whether Keuper Marl (Mercia Mudstone) falls within the exception and reservation of 'mines and minerals' in the 1922 conveyance
  2. 2 Whether the exception and reservation permits working of Keuper Marl by surface or underground methods
  3. 3 Whether the right to mines and minerals includes the right to the void created by extraction

Ratio Decidendi

Keuper Marl is not within the exception of mines and minerals in the 1922 conveyance because its inclusion would deprive the land of all utility, is not exceptional in use, value or character, and the parties did not contemplate its inclusion as a mineral at the time of the grant.

Court Disposition

Declaration in favour of claimant

Orders

  • Keuper Marl is not within the exception of mines and minerals in the 1922 conveyance; the void created by extraction belongs to the claimant; defendants have no rights to work or fill the void.