Edinburgh and District Water Trustees v. Clippens Oil Co., Ltd [1903] UKHL 124 (07 December 1903)

Edinburgh and District Water Trustees v. Clippens Oil Co., Ltd [1903] UKHL 124 (07 December 1903)

The Water Trustees, having laid the pipe under statutory authority and enjoyed uninterrupted use for eighty years, are entitled to support for the pipe. The absence of proof of compensation does not defeat this right, as long possession raises a presumption of lawful origin. The Act of 1843 does not alter the Trustees' rights regarding support for the pipe laid under the Act of 1819.

Citation
[1903] UKHL 124
Parties
Pursuers and Respondents: Edinburgh and District Water Trustees; Defenders, Reclaimers, and Appellants: Clippens Oil Company, Limited
Jurisdiction
United Kingdom
Judgment Date
07 December 1903
Procedural Posture
Appeal / House of Lords Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Right of Support for Statutory Works, Compensation for Land Use, Presumption From Long Possession, Effect of Statutory Powers on Property Rights
Property Law Statutory Interpretation Public Utility Law Right of Support for Statutory Works Compensation for Land Use Presumption From Long Possession Effect of Statutory Powers on Property Rights

Case Brief

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Parties

Edinburgh and District Water Trustees

Pursuers and Respondents

Clippens Oil Company, Limited

Defenders, Reclaimers, and Appellants

Procedural Posture

Appeal / House of Lords Judgment

Legal Issues

  1. 1 Whether the Water Trustees were entitled to support for their pipe under the Act of 1819
  2. 2 Whether lack of proof of compensation payment defeated the right to support
  3. 3 Whether the Act of 1843 altered rights regarding minerals and support for the pipe

Ratio Decidendi

The Water Trustees, having laid the pipe under statutory authority and enjoyed uninterrupted use for eighty years, are entitled to support for the pipe. The absence of proof of compensation does not defeat this right, as long possession raises a presumption of lawful origin. The Act of 1843 does not alter the Trustees' rights regarding support for the pipe laid under the Act of 1819.

Court Disposition

Appeal dismissed with costs.

Orders

  • Interdict granted against working minerals in a manner injurious to the pipe or interfering with water flow.
  • Confirmation that the Water Trustees are entitled to support for their pipe under the Act of 1819.