Henry Rowbotham, And Others v William Wilson: HL 19 Jun 1860

Prima facie, the owner of land is entitled to the surface itself, and all below it, ex jure naturae; those who seek to derogate from that right must do so by virtue of some grant or conveyance. The rights of the grantee of the minerals depend on the term of the deed by which they are conveyed. Under a grant of minerals, a power to get them is a necessary incident.


Lord Wensleydale


[1860] EngR 892, (1860) 8 HLC 348, (1860) 11 ER 463




England and Wales


At First InstanceDaniel Rowbotham v William Wilson 30-May-1856
Action for injuririg the plainitiff’s reversion, by removing the minerals without leaving support to the surface, on which were houses more than twenty years old; whereby the houses were injured. On a special case it appeared that, ninety years . .
Appeal fromDavid Rowbotham v William Wilson 1-Jul-1857
. .

Cited by:

CitedStar Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.


Updated: 18 May 2022; Ref: scu.285731