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?

read titleRead full title
Published on LexisPSL on 26/09/2018

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

  • Where a freehold registered title states that mines and minerals are excepted from the title, should a purchaser seek indemnity insurance for compensation?

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 (see Borys v Canadian Pacific).

An exception only of ‘mines’ (or any mineral occupying a continuous space) is also an exception of the vein/stratum/space occupied unless the conveyance says otherwise. The owner can use the

Related documents:

Popular documents