The Public Health Act 1875, which by s. 149 vests certain streets in the urban authority, does not vest the subsoil.
Therefore where a local Act authorized the urban authority to erect and maintain ‘in any street or public place, or on land belonging to them or under their control,’ lavatories for the use of the public.
Held: that the urban authority had no power to excavate the soil and erect lavatories below the surface of a street which had vested in them within the meaning of the Public Health Act 1875.
[1896] UKLawRpAC 22, (1896) AC 434
Commonlii
Public Health Act 1875 149
England and Wales
Cited by:
Cited – London Borough of Southwark and Another v Transport for London SC 5-Dec-2018
Question as to the meaning of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000. When the highway was transferred was only the working surfaces, the road surface and the airspace and subsoil necessary for the operation, maintenance . .
Lists of cited by and citing cases may be incomplete.
Local Government, Land
Leading Case
Updated: 10 December 2021; Ref: scu.670328