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 prehistoric

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 anyth

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:

10/05 Elwes v Brigg Gas Company (1886)

Friday, 10 May 2019

10:12 AM

Elwes v Brigg Gas Company (1886)

Legal System: Legal Method and Institutions (LAWS101)

University of Canterbury

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