Great Western Railway Co v Carpalla United China Clay Co Ltd: HL 16 Dec 1909

In a district where china clay was no part of the ordinary composition of the soil, and was only rarely and exceptionally present, a railway company had acquired lands by statutory procedure.
Held that the china clay was included in the reservation to the landowner of ‘mines or other minerals’ under the Railways Clauses Consolidation Act 1845, section 77 ( cf. Railways Clauses Consolidation (Scotland) Act 1845 (8 Vict. cap. 33), sec. 70).

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Atkinson, Collins, and Shaw

Citations:

47 SLR 612, [1909] UKHL 612

Links:

Bailii

Statutes:

Railways Clauses Consolidation Act 1845

Jurisdiction:

England and Wales

Land

Updated: 25 April 2022; Ref: scu.620596