Elwes v Brigg Gas Company (1886) PDF

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Case Law A - Lecture 3...

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10/05 Elwes v Brigg Gas Company (1886) Friday, 10 May 2019

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10:12 AM

Facts • Elwes (landlord) leased land to Brigg (tenant) occupier • Lease was dated 7 December 1885 • Length of lease = 99 years • Rent £4 11s. 4d. (or $921 in 2018) Terms: - Brigg could erect structures on land - In return for rent Brigg could have and enjoy the property without interruption - Reserved mines and minerals to the landlord Elwes When excavating for the purpose of erecting a gasholder, tenant Brigg found a prehistori the surface The existence of the boat was unknown to landlord Elwes Judgment Chitty J: Questions for the Court: Was the boat a “mineral” under the terms of the lease? Chitty J said: “I am not aware that the term “minerals” has ever been held to include anyt part of the natural soil”. Therefore: the boat is not a mineral; but even if it was, it would have fallen within the exp contained in the lease. Was the boat deemed in law to be part of the soil in which it was embedded - General principle of land law: anything in the soil is property of the owner of the soi Was the boat a chattel? - Boat always remained a chattel - He was in possession of the boat - The true owner of the boat could not be found - It made no difference that the landowner was unaware of the existence of the boat Material Facts Owner of a property leased it to a tenant Tennant found item in the land The existence of the item was unknown to the owner of the property True owner could not be found Issue:

c boat, 6 feet (1.8 m) below

hing except that which is press exception of minerals

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Issue: Whether a landlord/property owner, despite being unaware of their existence, has better the surface of the land than a tenant/occupier finder (when the true owner cannot be fou explicit or implied term in the lease stating otherwise.

Ratio: A landlord/ property owner, despite being unaware of their existence, has a better right t surface of the land than a tenant/occupier finder (when the true owner cannot be found) or implied term in the lease stating otherwise....