LONDON AND SA EXPLORATION CO v ROULIOT (1890 – 91) 8 SC 74

The case of LONDON AND SA EXPLORATION CO v ROULIOT (1890–91) affirmed that land ownership in South Africa includes a natural right to lateral support from adjoining properties. The court ruled that this right is presumed to exist in lease agreements unless explicitly waived and that landowners cannot trespass on adjacent land to remove soil under the guise of necessity, but must instead seek legal remedies such as interdicts.

• The case established that land ownership includes a 'natural' right to lateral support from adjoining properties. This means that if lateral support is compromised—for example, through the removal of ground for mining—the landowner has a legal basis to seek an interdict or claim damages against the party responsible.
• The court determined that the right to lateral support is a 'natural incident' of land ownership. Consequently, in lease contracts allowing for the digging of claims, it is presumed that the parties intend to preserve this right unless the contract explicitly states otherwise.
• The court ruled that a party cannot justify trespassing on adjoining land by claiming necessity to remove ground that threatens their own works. Instead of resorting to self-help, the proper legal recourse is to apply for an interdict against the danger or bring an action for abatement.
• The specific dispute involved the respondent, a lessee of 210 claims on the farm Dorstfontein (containing the Du Toit’s Pan mine), who removed 17,000 loads of diamondiferous material and approximately 160,000 loads of other ground from the appellant's adjoining land to prevent soil from falling into their claims at a depth exceeding 260 feet.

APA

Centre for Environmental Rights (n.d.). LONDON AND SA EXPLORATION CO v ROULIOT (1890 – 91) 8 SC 74. https://cer.org.za/wp-content/uploads/2011/12/London-and-SA-Exploration-Co-v-Rouliot.pdf?x21779

Chicago

Centre for Environmental Rights. LONDON AND SA EXPLORATION CO v ROULIOT (1890 – 91) 8 SC 74. n.d. https://cer.org.za/wp-content/uploads/2011/12/London-and-SA-Exploration-Co-v-Rouliot.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=LONDON AND SA EXPLORATION CO v ROULIOT (1890 – 91) 8 SC 74 |url=https://cer.org.za/wp-content/uploads/2011/12/London-and-SA-Exploration-Co-v-Rouliot.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndlondon, author = {{Centre for Environmental Rights}}, title = {{LONDON AND SA EXPLORATION CO v ROULIOT (1890 – 91) 8 SC 74}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/London-and-SA-Exploration-Co-v-Rouliot.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }