''Pwllbach Colliery Co Ltd v Woodman''
915
Year 915 ( CMXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* Summer – Battle of Garigliano: The Christian League, personally led by Pope John X, lays s ...
AC 634 is an
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
case, concerning
easements
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property ...
.
Facts
Pwllbach Colliery sublet land in
Glamorganshire
, HQ = Cardiff
, Government = Glamorgan County Council (1889–1974)
, Origin=
, Code = GLA
, CodeName = Chapman code
, Replace =
* West Glamorgan
* Mid Glamorgan
* South Glamorgan
, Motto ...
from a
tinplate
Tinplate consists of sheets of steel coated with a thin layer of tin to impede rusting. Before the advent of cheap milled steel, the backing metal was wrought iron. While once more widely used, the primary use of tinplate now is the manufacture of ...
company, whose memorandum authorised mining to be carried on. A neighbouring butcher, Mr Woodman, had a later lease from the tinplate company too, but ‘subject to all rights and easements belonging to any adjoining and neighbouring property’. He built a slaughter house and a sausage factory. Then the colliery erected a screening apparatus which threw up coal dust. Mr Woodman brought an action for nuisance.
The jury found there was a nuisance but the screening was reasonable and usual for the district, without negligence.
Judgment
House of Lords held the memorandum allowing carrying on the trade of mining did not authorise the nuisance, unless it could be proven that the trade could not otherwise be continued. There was no easement for making coal dust.
Earl Loreburn said it was unnecessary to answer whether creating coal dust could be an easement because the company was never authorised to do a nuisance.
Lord Parker said that the coal dust emission could be classified as an easement, but there was no common intention on which such an easement could be based. The first class consisted of easements of necessity. As to the second, he said this:
See also
*
English land law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...
*
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
*
English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
Notes
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English land case law
1915 in case law
1915 in British law
Court of Appeal (England and Wales) cases