Mines and minerals

Practice notes

Mineral exceptions—landowners' issues

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...

8th Apr

Practice notes

Manorial rights

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...

8th Apr

Practice notes

Mines and minerals—landowners' issues

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....

8th Apr

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protects the landowner from express wording in a conveyance excepting mines and minerals which states support can be withdrawn and access can be obtained from or to the surface to facilitate underground mining?

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...

22nd Jan

Q&As

What issues need to be considered when acquiring mines and minerals with title registered in the name of the Queen? Do you have a checklist identifying what should be contained within that transfer from a transferee’s perspective?

We refer you to the attached checklists from Mines, minerals and landfill: Encyclopaedia of Forms and Precedents, vol 26(3):•Checklist—general...

22nd Jan

Q&As

The registered proprietor of freehold land proposes to sell the property along with the right to extract minerals and the minerals themselves. There are no reservations on the title in respect of these rights. Is he able to deal with the rights and minerals within the sale contract?

Ownership of mines and mineralsMines and minerals in their original position are part and parcel of the land. The common law presumption is that a...

22nd Jan

Q&As

What is the legal definition of mineral?

‘Minerals’ is expressly defined for the purposes of certain statutes.In the Mines (Working Facilities and Support) Act 1966 (M(WFS)A 1966), ‘minerals’...

22nd Jan

Q&As

Is there a note to explain the nature of mines and minerals as a freehold estate rather than a freehold easement?

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...

22nd Jan

Q&As

Is there any statutory right or common law right to claim compensation for damage caused to a property through tin mining?

There appears to be no statute covering tin mining compensation (unlike coal mining). The relevant areas of the UK affected by tin mining are...

Produced in partnership with George Macmillan of Kuit Steinart Levy LLP 22nd Jan

Q&As

What are manorial rights and what are their implications for property transactions?

Manorial rightsManorial rights are ancient rights of former lords of the manor. In medieval Europe, under the feudal system, the lord of the manor...

22nd Jan

Q&As

What issues need to be considered when purchasing a land for development where mines and minerals are excepted and any right of support from any minerals? In this instance, I know who has the right to the mines and minerals.

There are a number of key issues to consider when purchasing land for potential development, where underlying mines and minerals have been excepted...

3rd Dec

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...

29th Nov

Q&As

If a registered title states that part of the land was formerly copyhold of a manor with the rights saved to the lord by one of the Copyhold Acts does this mean that the land is still subject to manorial rights?

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...

29th Nov

Q&As

Case study: What is the extent to which an easement will bind third parties?

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...

29th Nov

Q&As