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Estate of Marion Caroline Dehra Chichester-Clark

Northern Ireland Law Reports (Digests) Cited authorities 5 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1937
Date01 January 1937
CourtLand Purchase Commission (Northern Ireland)
[L. P. C., N.I.]
Estate of Marion Caroline Dehra Chichester-Clark

Reservation of - Kieselguhr - Irish Land Act, 1903 (3 Ed. 7, c. 37), s. 13 (3) (c), s. 99 - Northern Ireland Land Act, 1925 (15 16 Geo. 5, c. 34), s. 16 (1), (2) -Whether Kieselguhr a mineral or a clay.

The owner of the C.-C. Estate applied to the Land Purchase Commission, under s. 16 of the Northern Ireland Land Act, 1925, for an order that the mineral rights on the holdings comprised in Provisional List No. 623, and especially the right to the substance known as Kieselguhr, should be excepted on the vesting of the holdings in the Commission and should not be affected by such vesting. Upon this estate there were very substantial deposits of the mineral clay known as Kieselguhr, or Diatomite, and the object of the application was to secure to the owner these very valuable deposits. The greater part of the settled estates which adjoined these holdings had been previously sold through the Land Commission, and on such sale the mineral rights on the holdings were reserved to the owner. Kieselguhr was being mined on adjoining lands forming part of the same estate by a Company under a sub-lease from the owner's predecessor in title. A minimum rent of £200 was being paid under the sub-lease for the right to mine Kieselguhr on 67 acres 3 roods 16 perches. This working or developing was upon holdings let on fee farm grants and therefore excluded from the Northern Ireland Land Act, 1925, but it was upon the same estate. The whole estate had been settled or enjoyed as one property. Kieselguhr had therefore been worked or developed by the owner at the time of sale. The proper name of Kieselguhr is Diatomite and it is classed as a mineral in standard works on geology. Expert evidence was given on behalf of...

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