What's mine?
Do you need to confirm the status of mineral rights on a property? Do you need to establish a mineral lease before proceeding with property works, or a purchase?
In a standard property purchase – including commercial property or land – the purchase is assumed to include material below the surface of the property, too, unless the mineral rights are proven to have been severed from the property above. Mineral rights allow for the mining or extraction of minerals and other resources underneath the property footprint. The leasing of these rights is what we refer to when we talk about mineral leases.
At Scotts Hall & Birtles Solicitors, we work with landowners and operators in establishing mineral leases. Mineral leases tend to be complicated documents often with significant sums of money involved. It is vital to have specialist solicitors with experience involved in drafting the same.
In England and Wales, it can be difficult to find confirmation of the mineral rights attached to property, which can be problematic for property developers. Without such confirmation of ownership, any excavation of material below the surface – for the purpose of, for example, laying the foundations of new houses – can be considered trespassing if the mineral rights are then found to be under the ownership of another party. The sale of mineral rights is not the only way in which minerals can become severed from a property, either.
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The law states that the rights to oil, gas, coal, silver and gold are vested in the Crown.
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Manorial rights include mineral rights. These are feudal rights held by the Lord of the Manor, where he has sold a piece of land as copyhold, rather than freehold.
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Where ‘custom and practice’ is cited, such as in areas of Cornwall and Derbyshire, mineral rights on a property may have been historically severed.
Our Commercial Property team can bring to bear its wealth of experience in helping landowners, and mining and excavation companies confirm and establish mineral leases - protecting them from future complication, and securing their business interests. All our advice and guidance is based in specialist knowledge, and is tailored to the transaction.
We have been working with businesses and commercial interests in North Yorkshire and the surrounding regions since 1831, which means we have particular expertise in mineral lease issues within the Yorkshire Dales area.
Contact our team today to discuss how we can help you with your mineral lease.
