Cases - Davis v Treharne

Record details

Name

Davis v Treharne

Date

(1881)

Citation

6 A.C. 460

Legislation

Lanterman–Petris–Short (LPS) Act

Keywords

Party walls

Summary

It was held in this case that the person who owns the surface of the land has a right to have it properly supported below by minerals. If minerals below the surface are being mined, proper support for the land must be provided, in place of the minerals extracted.

The natural right of support gives land - but not buildings - a right of support from adjacent land. However, if work on land A removes support from land B, causing damage to the land and consequent damage to a building, the owner of land B could claim for the damage to the building, as well as to the land.