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Court of Appeal confirms no reservation of common stone of the district (Wynne-Finch v Natural Resources Body for Wales)

Published on: 19 October 2021
Published by: LexisPSL
  • Court of Appeal confirms no reservation of common stone of the district (Wynne-Finch v Natural Resources Body for Wales)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Property analysis: This case is about how to construe mineral reservations in two sets of transfers of land in mid Wales—one a series of private conveyances and the other a series of awards under a private Inclosure Act. The trustees of a family settlement of part of a historic landed estate (Trustees) claimed to own everything below the surface of 40 parcels of rural land in mid-Wales, including common mudstone, the commercially valueless common stone of the district. Their claim against Natural Resources, who had proved at trial that they had a paper title to the mineral reservations, failed. The Court of Appeal held that neither set of reservations should be interpreted as including the mudstone. Written by Ben Slingo and Harriet Holmes, (who acted for Natural Resources), barristers at Wilberforce Chambers. or take a trial to read the full analysis.

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