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Q&As
Where a freehold registered title states that mines and minerals are excepted from the title, should a purchaser seek indemnity insurance for compensation?
Mines and minerals are properly the subject of an exception, not a reservation, as the minerals are part of (and so ‘excepted from’) the land being conveyed. If excepted, the minerals are not conveyed.
The exception of minerals, which is of no advantage unless a right to work them is added, necessarily implies the existence of a power to recover the minerals and of the right of working. However, certain rights may not be included. In particular, clear words must be used where a right to break open the surface is required
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