Bocardo SA v Star Energy
Bocardo SA v Star Energy: Supreme Court decision on underground trespass
On 28 July the Supreme Court gave judgment in the case of Bocardo SA v Star Energy [2010] UKSC 35. Jonathan Gaunt QC and Edward Peters appeared for Bocardo SA. Bocardo is the first modern case to consider how far beneath the surface a landowner’s title to land extends, and whether the landowner can sue for trespass for underground incursions into the sub-soil and sub-strata. The Supreme Court held that prima facie the landowner owns everything below the surface, is deemed to be in possession of it, and can sue for damages for subterranean trespasses. Bocardo’s claim for damages arose from the fact that an oil company had, without Bocardo’s knowledge or consent, drilled a well from their own land through Bocardo’s land to access an oil deposit under Bocardo’s estate at Oxted in Surrey. The case considered important questions as to the measure of damages for trespass on the “wayleave” or “user” basis, the construction of petroleum and mining and minerals legislation, and the application of compulsory purchase principles and the “Pointe Gourde” rule. The case may also have important implications for telecommunications operators and landowners from whom they wish to acquire wayleaves, given the similarities between the wording of the Telecommunications Code and the relevant mining legislation.
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