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ARTICLE · 23 APRIL 2014

Fracking – How Far Down Does Ownership Go?

Hugh James
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The current dispute between Fernhurst landowners and the energy company Celtique Energie has brought the process of fracking into the spotlight once again.

United KingdomEnergy and Natural Resources
Robert Phillips
Robert Phillips
David George
David George

The current dispute between landowners near Fernhurst, Sussex and the energy company Celtique Energie has brought the process of fracking into the spotlight once again. The landowners have refused to give permission for Celtique Energie to drill beneath their land. This has prevented Celtique from drilling a well which is long enough to extract shale oil or gas.

If Celtique attempted to drill without the landowners' consent then they would be at risk of the landowners bringing a trespass claim against them.

The leading case on the issue of drilling is the Supreme Court decision of Bocardo SA v Star Energy UK Onshore Ltd [2010]. In that case Star Energy attempted to drill for oil on Bocarda's land without their permission. Bocardo issued trespass proceedings against Star Energy.

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