Mines and minerals

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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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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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9th Nov
Precedents
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions1Definitions[Lease•the lease particulars of which are set out in...
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9th Nov
Practice notes
There are three different ways by which an easement can be implied at common law:•necessity•intended use•the rule in Wheeldon v BurrowsThe implied...
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9th Nov
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
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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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Precedents
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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9th Nov
Practice notes
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
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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9th Nov
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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9th Nov

Most recent Mines and minerals content

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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22nd Jan
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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22nd Jan
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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22nd Jan
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 22nd Jan
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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22nd Jan
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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15th Jan
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...
Read More >
15th Jan
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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15th Jan
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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3rd Dec
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 Nov
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 Nov
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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29th Nov

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