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Journey to the Centre of the Earth

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

There have been many court cases relating to ‘above ground’ property issues, rights to light and access to lay drains and cables, but a question seldom asked is how far below ground a freeholder’s title extends.

In a recent case, the Supreme Court concluded that a freehold land owner’s right of possession extended down at least as far as the mineable strata.

In this case, the sinking of oil wells beneath land owned by another meant that the ordinary principles of compulsory purchase would apply for assessing compensation.

 

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