McLean Estates Ltd v Earl of Aylesford & Ors

McLean Estates Ltd v Earl of Aylesford & Ors

Keuper Marl was not regarded in the vernacular as a mineral in 1922, and its inclusion as a mineral would deprive the land of all utility, which is not supported by the terms of the exception and reservation. The exception of 'mines and minerals' in the 1922 conveyance does not include Keuper Marl.

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 granted in favour of claimant
Legal Topics
Conveyancing, Mineral Rights, Land Law, Interpretation of Contracts
Property Law Conveyancing Mineral Rights Land Law Interpretation of Contracts

Case Brief

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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 permit surface or underground workings
  3. 3 Whether the right to mines and minerals includes the right to the void created by extraction

Ratio Decidendi

Keuper Marl was not regarded in the vernacular as a mineral in 1922, and its inclusion as a mineral would deprive the land of all utility, which is not supported by the terms of the exception and reservation. The exception of 'mines and minerals' in the 1922 conveyance does not include Keuper Marl.

Court Disposition

Declaration granted 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