Edinburgh and District Water Trustees v. Clippens Oil Co., Ltd [1900] ScotLR 38_121 (27 November 1900)

Edinburgh and District Water Trustees v. Clippens Oil Co., Ltd [1900] ScotLR 38_121 (27 November 1900)

The pursuers, having laid their pipe under the authority of the Act of 1819, which provided for compensation to landowners, are entitled to an absolute right of support for the pipe as necessary to make their statutory privilege effective. The Act of 1843 did not alter or derogate from these rights in respect of works already constructed under the 1819 Act. The right of support includes the obligation on mineral owners not to work minerals under or adjacent to the pipe so as to endanger it, and interdict is an appropriate remedy to prevent such injury. Any claim for compensation by landowners must be presumed to have been satisfied or waived, and successors cannot now object. The pursuers...

Citation
[1900] ScotLR 38_121
Parties
Pursuer: Edinburgh and District Water Trustees; Defender: Clippens Oil Company, Limited; Defender: Major John Gibsone of Pentland
Jurisdiction
Scotland
Judgment Date
27 November 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
Pursuers' claims sustained; interdict granted; declarator granted; expenses awarded to pursuers.
Legal Topics
Right of Support, Statutory Rights, Compensation for Minerals, Servitude of Aqueduct, Interdict (injunction), Lateral Support, Public Utility Undertakings
Property Law Statutory Interpretation Public Utility Law Right of Support Statutory Rights Compensation for Minerals Servitude of Aqueduct Interdict (injunction) +2 more

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Parties

Edinburgh and District Water Trustees

Pursuer

Clippens Oil Company, Limited

Defender

Major John Gibsone of Pentland

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether the pursuers are entitled to an absolute right of support for their water pipe laid under statutory authority through lands owned by the defenders;
  2. 2 Whether the Act of 1819 or the Act of 1843 governs the rights and obligations regarding support and compensation for minerals under and adjacent to the pipe;
  3. 3 Whether the pursuers are entitled to interdict to prevent the defenders from working minerals so as to endanger the pipe or strip of ground;

Ratio Decidendi

The pursuers, having laid their pipe under the authority of the Act of 1819, which provided for compensation to landowners, are entitled to an absolute right of support for the pipe as necessary to make their statutory privilege effective. The Act of 1843 did not alter or derogate from these rights in respect of works already constructed under the 1819 Act. The right of support includes the obligation on mineral owners not to work minerals under or adjacent to the pipe so as to endanger it, and interdict is an appropriate remedy to prevent such injury. Any claim for compensation by landowners must be presumed to have been satisfied or waived, and successors cannot now object. The pursuers...

Court Disposition

Pursuers' claims sustained; interdict granted; declarator granted; expenses awarded to pursuers.

Orders

  • Declarator that pursuers are entitled to support for their pipe and strip of ground as claimed.
  • Interdict prohibiting defenders from working minerals under or adjacent to the pipe or strip of ground within specified limits.