William Baird & Co., Ltd v. Barr [1904] ScotLR 41_385 (03 March 1904)

William Baird & Co., Ltd v. Barr [1904] ScotLR 41_385 (03 March 1904)

The liability of the mineral proprietors is strictly limited by the terms of the mineral conveyances to damage caused to ground and to buildings existing at the date of the conveyances. There is no liability for damage to buildings erected after the date of the conveyance, including substituted buildings, nor for increased costs of building on damaged ground, except as it relates to the ground itself. The contractual terms exclude any wider common law liability.

Citation
[1904] ScotLR 41_385
Parties
Defender: William Baird & Company, Limited; Pursuer: Peter Barr
Jurisdiction
Scotland
Judgment Date
03 March 1904
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed in part; interlocutor of Sheriff-Substitute recalled; defenders liable only for damage to ground and buildings existing at date of conveyance
Legal Topics
Right to Support, Liability for Subsidence, Compensation for Damage to Surface Property, Interpretation of Mineral Conveyances
Property Law Mining Law Contract Law Right to Support Liability for Subsidence Compensation for Damage to Surface Property Interpretation of Mineral Conveyances

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Parties

William Baird & Company, Limited

Defender

Peter Barr

Pursuer

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Are mineral proprietors liable for damage caused by subsidence to buildings and ground on the surface under the terms of mineral conveyances?
  2. 2 Does liability extend to buildings erected after the date of the mineral conveyance, including substituted buildings for those existing at the date of conveyance?
  3. 3 Is compensation due for increased building costs on damaged ground?

Ratio Decidendi

The liability of the mineral proprietors is strictly limited by the terms of the mineral conveyances to damage caused to ground and to buildings existing at the date of the conveyances. There is no liability for damage to buildings erected after the date of the conveyance, including substituted buildings, nor for increased costs of building on damaged ground, except as it relates to the ground itself. The contractual terms exclude any wider common law liability.

Court Disposition

appeal allowed in part; interlocutor of Sheriff-Substitute recalled; defenders liable only for damage to ground and buildings existing at date of conveyance

Orders

  • Defenders to pay pursuer £47, 8s. for damage to buildings B, D, and E
  • Defenders to pay pursuer £115 for damage to vacant ground behind A and B and ground on which buildings F are now erected