Bocardo sa v star energy [2010] UKSC 35 26

Court: Supreme Court of the United Kingdom

Facts: Bocardo SA, the owner of land in Oxted, Surrey, discovered that Star Energy UK Onshore Ltd had drilled three wells from neighboring land, passing through the subsoil beneath Bocardo’s property to access an oil reservoir. This drilling occurred without Bocardo’s knowledge or consent. Star Energy held a license to search, bore for, and extract petroleum from a licensed area, but the drilling operations crossed into Bocardo’s land. Bocardo filed a claim against Star Energy, asserting that the drilling constituted a trespass.

Issue: Was the drilling by Star Energy beneath Bocardo’s land an actionable trespass? …… If a trespass occurred, what should be the appropriate measure of damages?

Held: The Supreme Court ruled in favour of Bocardo. The court determined that Star Energy had committed a trespass by drilling beneath Bocardo’s land without obtaining permission or an ancillary right under the 1966 Act. The principle “usque ad caelum et ad inferos” (to the heavens and to the depths) was affirmed, meaning that a landowner's rights extend below the surface of the land. Therefore, Bocardo, as the landowner, had rights to the subterranean strata that were violated by Star Energy’s drilling. Regarding damages, the Court of Appeal had significantly reduced the initial amount awarded by the trial judge, and the Supreme Court upheld this reduction, though it acknowledged that Bocardo was entitled to compensation for the trespass.

Key Judicial Statements: Lord Hope DP outlined the two core issues: "First, there is the question whether the drilling of the three wells under Bocardo’s land was an actionable trespass."…"Secondly, if there was an actionable trespass, there is the question what is the correct measure of damages." Lord Hope also referred to the Brocard “usque ad caelum et ad inferos,” indicating that a landowner’s rights extend both above and below the surface of the land. He explained that despite the significant depth of the drilling, it still constituted a violation of Bocardo’s property rights.

💡 Leveluplaw: Landowners have rights that extend to the subsoil beneath their land. Unauthorized underground drilling, even at significant depths, can be considered trespass.