Dryburgh v. Fife Coal Co. [1905] ScotLR 42_810 (20 July 1905)

Dryburgh v. Fife Coal Co. [1905] ScotLR 42_810 (20 July 1905)

The mineral tenants are liable for damages caused to surface property by subsidence resulting from their proper workings under the lease, as the lease obliges them to compensate for all damages occasioned to lands, crops, houses, etc., and the feuar's right to claim against tenants is expressly reserved in the feu-disposition. The extension of feuing and building, while increasing the burden, does not absolve the tenants from liability unless the burden becomes so onerous as to make the lease unworkable, which was not established in this case.

Citation
[1905] ScotLR 42_810
Parties
Pursuer: Andrew Dryburgh; Defender: Fife Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
20 July 1905
Procedural Posture
Civil / Appeal
Outcome
appeal allowed
Legal Topics
Subsidence, Damage to Surface Property, Mineral Lease Obligations, Feuar Rights, Compensation for Surface Damage
Property Law Mining Law Contract Law Subsidence Damage to Surface Property Mineral Lease Obligations Feuar Rights Compensation for Surface Damage

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Parties

Andrew Dryburgh

Pursuer

Fife Coal Company, Limited

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Is the mineral tenant liable for damages caused to surface property by subsidence resulting from proper working of minerals under a lease?
  2. 2 Does extensive feuing and building after the lease affect the tenant's liability for compensation?
  3. 3 Does the feuar have a jus quœsitum under the mineral lease to claim damages?

Ratio Decidendi

The mineral tenants are liable for damages caused to surface property by subsidence resulting from their proper workings under the lease, as the lease obliges them to compensate for all damages occasioned to lands, crops, houses, etc., and the feuar's right to claim against tenants is expressly reserved in the feu-disposition. The extension of feuing and building, while increasing the burden, does not absolve the tenants from liability unless the burden becomes so onerous as to make the lease unworkable, which was not established in this case.

Court Disposition

appeal allowed

Orders

  • Defenders held liable for damages caused by subsidence.
  • Defenders to purchase pursuer's property at the agreed price of £620.