By an Act of 1819 ‘for more effectually supplying the city of Edinburgh and places adjacent with water,’ the Edinburgh Joint Stock Water Company were empowered to ‘lay the necessary pipe or pipes for that purpose . . making satisfaction to the owners and occupiers of the ground.’ Among the lands scheduled were the lands of Pentland and Straiton, and shortly after the passing of the Act a pipe was laid under the powers thereof which traversed these lands. There was no proof that any compensation had been paid to the owners of these lands for the laying of the pipe. The Act of 1819 made no specific provision with regard to compensation for minerals required as support for the pipes laid. The Water Company in question was a private company, but the Act imposed important obligations upon the company in the public interest.
By an Act passed in 1843 to enable the company to bring in an additional supply of water certain regulations were introduced in regard to the working of or receiving compensation for minerals under and adjacent to ‘the works of the company.’
In an action of declarator and interdict at the instance of the successors of the Water Company against the proprietors and lessees of minerals in the lands of Pentland and Straiton, held ( aff. judgment of the First Division) that under the Act of 1819 the pursuers were entitled to support for their pipe; that the provisions of the Act of 1843 as to minerals did not apply; and that the defenders were not entitled to work the minerals in the lands of Pentland and Straiton adjacent to or under the pipe in such manner as to injure the said pipe or to interfere with the continuous flow of water through it; and interdict granted against their doing so.
Judges:
Lord Chancellor (Halsbury), Lord Macnaghten, and Lord Robertson
Citations:
[1903] UKHL 124, 41 SLR 124
Links:
Jurisdiction:
Scotland
Utilities
Updated: 13 June 2022; Ref: scu.630584