Wynne-Finch & Ors v Natural Resources Body for Wales [2021] EWCA Civ 1473 (12 October 2021)

Wynne-Finch & Ors v Natural Resources Body for Wales [2021] EWCA Civ 1473 (12 October 2021)

Reservations of 'stone and minerals' in the relevant conveyances and the 1816 Inclosure Act do not include mudstone, as mudstone is the common rock of the district, not exceptional in use, value, or character, and would not have been regarded as a mineral or stone for the purposes of such reservations at the relevant times. Even if the reservations did include mudstone, the Respondent and its predecessors acquired title by adverse possession. No liability for trespass, conversion, or breach of Convention rights arises.

Citation
[2021] EWCA Civ 1473
Parties
Claimant/appellant: David Heneage Wynne-Finch; Claimant/appellant: Richard William Kendrick Price; Claimant/appellant: Rupert Thomas Mead; Defendant/respondent: Natural Resources Body for Wales
Jurisdiction
England and Wales
Judgment Date
12 October 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Mineral Rights, Construction of Reservations in Conveyances, Adverse Possession, Interpretation of Inclosure Acts, Trespass and Conversion, Human Rights Act Claims
Property Law Trusts and Estates Land Law Mineral Rights Construction of Reservations in Conveyances Adverse Possession Interpretation of Inclosure Acts Trespass and Conversion +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Heneage Wynne-Finch

Claimant/appellant

Richard William Kendrick Price

Claimant/appellant

Rupert Thomas Mead

Claimant/appellant

Natural Resources Body for Wales

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether reservations of 'stone and minerals' in historic conveyances and Inclosure Acts include mudstone
  2. 2 Whether the Trustees retained title to mudstone under the disputed land
  3. 3 Whether the Respondent acquired title by adverse possession

Ratio Decidendi

Reservations of 'stone and minerals' in the relevant conveyances and the 1816 Inclosure Act do not include mudstone, as mudstone is the common rock of the district, not exceptional in use, value, or character, and would not have been regarded as a mineral or stone for the purposes of such reservations at the relevant times. Even if the reservations did include mudstone, the Respondent and its predecessors acquired title by adverse possession. No liability for trespass, conversion, or breach of Convention rights arises.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed in its entirety
  • Trustees ordered to pay Respondent's costs on the standard basis