Skip to main content

Insight article

March 29, 2019

What lies beneath…

If you’re investing in or developing property, be aware that any mines and minerals beneath the surface could be owned by someone else.

Back in 2013, prompted by changes under the Land Registration Act 2002, some estate owners had their legal advisers trawl through their old deeds to identify and register certain interests which needed protecting.

In doing this, they uncovered evidence that title to some mines and minerals had been severed from the ownership of the surface land decades or even centuries earlier. While not all rights to mines and minerals needed protection by registration, estate owners applied to register them voluntarily anyway.

Prior to this, when a surface owner bought (as it thought) the whole of the land, it may not have known about such mines and mineral rights because many had not been registered at that time.

So, what’s the position if you own the surface property, someone else has the rights to the mines and minerals, and you want to carry out works beneath the surface, such as laying foundations?

Some of these interests limit mines and minerals to a certain depth. So, it may not be an issue if you don’t excavate to that depth. However, if you do, the owner could technically claim trespass, but they would need to establish that they had suffered some loss.

What if you’re buying a property and such interests beneath the surface are revealed? What’s the risk? And what can you do?

Mines and minerals don’t have to be anything valuable, and the Land Registry has been known to register titles where they formed the ordinary bedrock of the local area. These interests often cover vast areas of land. So, whilst such interests may exist, the commercial risk of anything happening with them could be low.

What remedies are open to me?

A mining search should be obtained, and generally, it will always be prudent to seek title indemnity insurance to cover the risk. Be wary of approaching the owner of a mineral to find out if it is prepared to sell its title, as this would likely result in unavailable insurance.

John Gillette has over 15 years of experience dealing in commercial property.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Why is clear contract drafting important?
    How simple contract clauses can protect your business.


    Read more
  • Ensuring equality: A legal guide to responsibilities and compliance
    Understanding equal opportunities in the workplace


    Read more
  • Navigating the Economic Crime and Corporate Transparency Act 2023: What it means for your business
    The Economic Crime and Corporate Transparency Act 2023 (the Act) represents a significant shift in the UK's approach to combating economic crime, improving corporate transparency, and anti-mo


    Read more
  • Blowing kisses, not boundaries
    Tribunal clears air on workplace etiquette.


    Read more
  • Estate planning: How not to make mincemeat of it!
    The High Court has confirmed that a will handwritten on the back of two cardboard food packages is legally binding.


    Read more

What they say...

  • Leann Paris, March 2025
    “From the beginning to the end, the support we have received throughout the case with all the staff members has been far more than we expected, we got kept up to date with every single matter, I have had stressful few years but Charlotte and he

  • C Smith, March 2025
    “As executor of a will it was a relief for a solicitor to act on my behalf as though no disputes it was still a lengthy and complex process. It was dealt with mostly by Charlotte B. who kept me informed at all times. She explained the process c

  • Marc, March 2025
    “RIAA Barker Gillette were engaged to handle a real estate transaction with unusual circumstances. As a non-UK resident unfamiliar with English conveyancing procedures, I felt completely satisfied with the depth of the information and explanati

  • Leigh, March 2025
    “Instructed Martin on my first property purchase. He was a delight to work with, kept me informed and updated regularly. It was an incredibly smooth and quick process. Couldn’t be happier.”

  • Ms Brownell, March 2025
    “Patrick was amazing from start to finish. He made the process so easy, and explained each step in detail ahead of time so I’d understand what would happen and when. He was incredibly organized and noted every detail, calling out things t

Read more
Send this to a friend