B., the owner in fee of land, by feu contract sold part thereof to P. for building purposes, P. obliging himself to build and maintain a house thereon of a certain style, and B. reserving to himself all the coal and minerals under the ground feued, with power to win and remove the same, and not to be liable for any damage that may happen to the said ground, or buildings thereon, by the working of the minerals. At the date of the feu contract both parties knew that there was coal below the ground. P. built his house, and afterwards the whole coal was about to be worked and carried away, leaving no support.
Held (reversing judgment), That B. was entitled to work and carry off all the coal, though the building of P. might thereby be destroyed, P. having taken all such risk on himself.
Semble, If P.’s house were to be destroyed by B.’s working of the mines, P. would not be bound to rebuild
[1873] UKHL 2 – Paterson – 203
Bailii
Scotland
Updated: 11 August 2021; Ref: scu.652907