A conveyance under section 77 of the 1845 Act does not pass the minerals beneath unless they are expressly included in that conveyance, i.e. otherwise they are retained by the vendor. A deed which gave accurate effect to a pre-existing opion could not be rectified to reflect what was claimed to be the true intention of the parties.
Citations:
[1907] 1 Ch 550
Statutes:
Railway Clauses Consolidation Act 1845
Land
Updated: 14 May 2022; Ref: scu.235522
