Mines and minerals

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Practice notes
Once a development occurs, it is then moved to the relevant archive:•Property key future developments tracker—2020 archive•Property key future...
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22nd Oct
Practice notes
The Third EditionThe third edition of the Standard Commercial Property Conditions was published on 27 April 2017. It is an update to Standard...
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22nd Oct
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID–19 outbreak....
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20th Oct
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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20th Oct
Practice notes
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely...
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26th Sep
Practice notes
Presumed grantAn easement may be established by long use:•at common law•under the doctrine of lost modern grant (a species of common law...
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26th Sep
Practice notes
Covenants restricting the use of land imposed by a seller may be divided into three classes:•covenants imposed for the seller’s own benefit•covenants...
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26th Sep
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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26th Sep
Practice notes
Nature of an easementAn easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of...
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26th Sep
Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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26th Sep
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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26th Sep
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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26th Sep
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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26th Sep
Practice notes
Under the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994), the seller will normally provide covenants for title, in...
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25th Sep
Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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25th Sep
Practice notes
The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a...
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25th Sep

Most recent Mines and minerals content

Practice notes
Manorial rights are relics of the feudal system of land tenure. They can still exist in relation to land that:•is former copyhold land, or•was...
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25th Sep
Q&As
There appears to be no statute covering tin mining compensation (unlike coal mining). The relevant areas of the UK affected by tin mining are...
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Produced in partnership with George Macmillan of Kuit Steinart Levy LLP 28th Sep
Q&As
Case studyWhere part of a property is being transferred and requires an easement over adjoining land for the installation of a water pipeline and the...
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28th Sep
Q&As
There are a number of key issues to consider when purchasing land for potential development, where underlying mines and minerals have been excepted...
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28th Sep
Q&As
Manorial rightsManorial rights are ancient rights of former lords of the manor. In medieval Europe, under the feudal system, the lord of the manor...
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29th Sep
Q&As
We refer you to the attached checklists from Mines, minerals and landfill: Encyclopaedia of Forms and Precedents, vol 26(3):•Checklist—general...
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29th Sep
Q&As
As to what mines and minerals are, see: Mines and minerals—overview.Mines and minerals in their original position are part and parcel of the land. The...
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29th Sep
Q&As
‘Minerals’ is expressly defined for the purposes of certain statutes.In the Mines (Working Facilities and Support) Act 1966 (M(WFS)A 1966), ‘minerals’...
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29th Sep
Q&As
In medieval times, the lord of the manor would allow local inhabitants to occupy and work open land within the manor in return for payment (in cash or...
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29th Sep
Q&As
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...
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29th Sep
Practice notes
Who owns the mines and minerals?The common law presumption is that a landowner owns everything below the surface down to the centre of the earth....
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7th Oct
Practice notes
Who owns the minerals?The common law presumption is that a landowner owns everything below the surface down to the centre of the earth. Unworked mines...
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7th Oct

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