Q&As

Is there a statutory scheme which protects the landowner from express wording in a conveyance excepting mines and minerals which states support can be withdrawn and access can be obtained from or to the surface to facilitate underground mining?

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Published on LexisPSL on 15/07/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is there a statutory scheme which protects the landowner from express wording in a conveyance excepting mines and minerals which states support can be withdrawn and access can be obtained from or to the surface to facilitate underground mining?
  • Manorial rights
  • Indemnity insurance

We are not aware of a statutory scheme which would protect a landowner from the exception of mines and minerals in a conveyance provided the exception has been properly drafted and the interest exists, however if you require specific guidance or advice on this matter, we would recommend seeking an opinion from external counsel. We have therefore set out information in relation to exceptions for mines and minerals which we hope you will find useful.

Mines and minerals in their original position are part and parcel of the land. The common law presumption is that a landowner owns everything below the surface down to the centre of the earth. Unworked mines and minerals are the property of the surface owner. The common law presumption may be rebutted by showing that severance has occurred. Severance includes a conveyance or demise excepting the mines, or of the mines excepting the surface; see Mines and minerals—overview.

Despite the common law presumption that the landowner owns everything below the surface

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