Compensation for mineral rights extraction over surface land ownership.

[jendan]

Does anyone on this forum have this on their land,and how do you get the most compensation possible,and what is it based on? i.e. either just loss of land?,or devaluation of property?,or environmental factors such as noise,dust,smell etc.Also how do you go about stopping their planning permission if you think you may have an historic settlement on the site?

 

[Exfarmer]

You obviously either sold the mineral rights or bought the property knowing that some else at some point could claim them.
So it is rather obnoxious that you would attempt to usurp their rights.
However you are most likely liable to compensation for loss. Of use of your property.
Engage a good land agent to negotiate for you , they should be in the best position to get you thr best deal

 

[annonimouse]

This is not strictly true ex farmer. Many people who own farmland in Cornwall have been given notice of the Dutchy of Cornwalls legal mineral rights apparently running back over centuries......

This article explains the situation better than I can. http://www.telegraph.co.uk/finance/property/10527455/Queen-asserts-rights-to-mine-under-homes.html

 

[Exfarmer]

This is not strictly true ex farmer. Many people who own farmland in Cornwall have been given notice of the Dutchy of Cornwalls legal mineral rights apparently running back over centuries......

This article explains the situation better than I can. http://www.telegraph.co.uk/finance/property/10527455/Queen-asserts-rights-to-mine-under-homes.html

Sorry but my post was completely correct. When you buy property your solicitor should inform you the position regarding mineral rights.
These letters being sent out by various people are only to remind the property owner of this position, due to possible changes of the law.
Coal , oil , gas and silver have never belonged by right to the landowner. Other minerals have unless they have been detached from the land as have other rights such as riparian and sporting.
The old maxim of buyer beware applies especially to land purchase.

 

[Dry Rot]

This ^^^^^.

The land agent's fees are probably recoverable. Probably.

 

[kingfisher]

We have land that the church are claiming all the old rights that where attributed to land owned by the church in the past for mining rights,

 

[kingfisher]

Possibly since the chance to frack the land in the future, they have no rights over the land above.

 

[annonimouse]

Ex farmer. The Dutchy is re registering its manorial rights, some of these 'rights' were afforded centuries ago, and have not been in any way utilised, made claim too or even made reference too in living memory. There is certainly no reference to manorial mineral rights in my deeds, which are comprehensive and dated well over 100 years. Technically of course you may be correct, the claim is there, though how a solicitor is expected to discover this, or where a record is held and how far back it's dated, and how a mere commoner could check it, I don't know.

 

[Old McDonald]

It is many years since I was involved in Conveyancing in England, but it was rare for most mineral rights to go with the land.

Exfarmer is correct at #4 regarding state ownership, and he omitted gold.

It is best to assume that mineral rights are not attached to the land when considering a purchase. Buying land in coal districts was always a risk in the past, perhaps not so much now.

 

[glasshouse]

Ex farmer. The Dutchy is re registering its manorial rights, some of these 'rights' were afforded centuries ago, and have not been in any way utilised, made claim too or even made reference too in living memory. There is certainly no reference to manorial mineral rights in my deeds, which are comprehensive and dated well over 100 years. Technically of course you may be correct, the claim is there, though how a solicitor is expected to discover this, or where a record is held and how far back it's dated, and how a mere commoner could check it, I don't know.

Tell the duchy to go feck.

 

[Old McDonald]

Tell the duchy to go feck.

Why, and on what grounds? Before you reply, remember that English law is different to Scottish.

 

[Old McDonald]

There is certainly no reference to manorial mineral rights in my deeds, which are comprehensive and dated well over 100 years.

If there is no reference, then it is a fair assumption that you did not purchase the mineral rights when you purchased the land. If you had purchased the mineral rights then they would have been mentioned as part of what you were purchasing.

The deeds say what you are purchasing. If something is not mentioned as being part of the purchase then obviously you are not purchasing it. Your deeds will not include the farm next door because you are not purchasing it. They will not mention anything other than that which you are purchasing.

I am sure you will agree that is reasonable logic. Consequently you did not purchase the mineral rights. They are owned by someone else, that might be a private individual, company, or other entity, including the various Churches, or it might be the Crown Estates.

 

[annonimouse]

My deeds did not mention the hedges or the top soil either.... but I take your tenuous point.

How does someone then check the mineral rights, or if indeed a third party has rights over the land they want to purchase?

 

[CornishTone]

My deeds did not mention the hedges or the top soil either.... but I take your tenuous point.

How does someone then check the mineral rights, or if indeed a third party has rights over the land they want to purchase?

If you own land in Cornwall, unless it's been in your family for a very long time and/or it's mentioned on the deeds, I think you can pretty much assume you don't own the mineral rights.

You can apply to Cornwall Council for a check via the planning dept or get your solicitor to do it for you.

Cornwalls mineral history is fascinating. Mineral rights and leases changed hands all over the place from the 1700's (and before) on. Setts amalgamated, changed shape and size, changed hands or were abandoned and the mineral rights were moved or changed with them. But they were usually fairly good at recording all this. County records office holds a lot of this info as well if you're historically inclined!

 

[How much]

The Dutchy issue is pretty common throughout the country ,The duke of northumberland re-asserted his rights to rights under 1000,s of properties in northumberland a few years back , both houses and farmland .
you assume its a gas theh are trying to steak a claim against .

The OP original question You need a Agent to work for you , assuing its a minerals as in quarry of some sort , if its fracking and or Gas save your money till at least some surveys indicate you have a property with gas under it that somone intends to take out , as these claims are being made where there is no gas to extract as well as areas that have gas.

 

[Exfarmer]

Forget the oil and gas rights, they belong to the Crown , AKA the state.
You have no right at all to any benefit from them under your land.
The Crown is required to compensate you when the extract these if any damage is causeed to your property, as with coal subsidence from the past, which was of course incredibly damaging to buildings and farmland as the coal was taken out underneath, as some on this forum no doubt experienced.

 

[jendan]

You obviously either sold the mineral rights or bought the property knowing that some else at some point could claim them.
So it is rather obnoxious that you would attempt to usurp their rights.
However you are most likely liable to compensation for loss. Of use of your property.
Engage a good land agent to negotiate for you , they should be in the best position to get you thr best deal

I neither sold the mineral rights or bought the property,but own the property now.I do not think i am being obnoxious in protecting my interest of 170 acres,and 4 houses,of which 3 are holiday lets.The new permission if granted would bring the quarry closer,and seriously devalue the farm and houses/holiday lets.If this means i have to try and "usurp the rights" of a multinational mining conglomerate then so be it.

 

[jendan]

The Dutchy issue is pretty common throughout the country ,The duke of northumberland re-asserted his rights to rights under 1000,s of properties in northumberland a few years back , both houses and farmland .
you assume its a gas theh are trying to steak a claim against .

The OP original question You need a Agent to work for you , assuing its a minerals as in quarry of some sort , if its fracking and or Gas save your money till at least some surveys indicate you have a property with gas under it that somone intends to take out , as these claims are being made where there is no gas to extract as well as areas that have gas.

Solicitor appointed,still deciding on the best land agent.Looks like i am going to be in for a rough ride.I started off trying to be agreeable,with consensus,but just got to the stage where i was told "well then,we are just going to serve you notice". They seem to want a "rush job",with a site meeting,and everything agreed and signed off within a week or so.I only got their first letter followed up with a telephone call about 10 days ago.

 

[Pond digger]

If there is no reference, then it is a fair assumption that you did not purchase the mineral rights when you purchased the land. If you had purchased the mineral rights then they would have been mentioned as part of what you were purchasing.

The deeds say what you are purchasing. If something is not mentioned as being part of the purchase then obviously you are not purchasing it. Your deeds will not include the farm next door because you are not purchasing it. They will not mention anything other than that which you are purchasing.

I am sure you will agree that is reasonable logic. Consequently you did not purchase the mineral rights. They are owned by someone else, that might be a private individual, company, or other entity, including the various Churches, or it might be the Crown Estates.

That's an interesting view Old Mc. My natural presumption would be that mineral rights would go with the property unless otherwise stated in the deeds (excepting the coal, gas etc). The airspace above a property won't be mentioned in the deeds, yet to a practical degree, it is considered part of the property- the landowner can prevent encroachment: same for subsoils.

 

[Woody]

Laleham Farm

Any compensation needed following mineral extraction?