Mineral rights for use of own stone

[Jimmy the bull]

I am looking at putting down 1.5km of hardcore track under the CS scheme, we have a local quarry nearby but we also have the same material 6ft under a corner of the farm, there was a small quarry there 100’s of years ago. I’m sure it would be cheaper to dig up the couple of 1000 tonnes needed and have it crushed than buy in. The only issue is the church commission put claim of ownership of mineral rights with the land registry a number of years ago. To be honest I’ve only recently become aware of it. Would I need to pay them a royalty fee for extracting stone for my own use? Or can I put 2 fingers up and the greedy sods?

 

[Guleesh]

I am looking at putting down 1.5km of hardcore track under the CS scheme, we have a local quarry nearby but we also have the same material 6ft under a corner of the farm, there was a small quarry there 100’s of years ago. I’m sure it would be cheaper to dig up the couple of 1000 tonnes needed and have it crushed than buy in. The only issue is the church commission put claim of ownership of mineral rights with the land registry a number of years ago. To be honest I’ve only recently become aware of it. Would I need to pay them a royalty fee for extracting stone for my own use? Or can I put 2 fingers up and the greedy sods?

If you're not removing it from the land and simply rearranging it then I can't see an issue. Not the same as opening a quarry and selling the stuff.

 

[Lincs Lass]

The material from the quarry down the road will be crushed and graded to size , what you dig out won't be so as you say ,it'll need crushing
The you'll need a good size 360 , possibly a breaker or a ripping tooth which all gets very expensive .
Which option is the cheapest .

 

[Jimmy the bull]

The material from the quarry down the road will be crushed and graded to size , what you dig out won't be so as you say ,it'll need crushing
The you'll need a good size 360 , possibly a breaker or a ripping tooth which all gets very expensive .
Which option is the cheapest .

That’s what I’m working out at the moment, having spoken with a couple of companies if we can get permission to dig off the old quarry face it will be much cheaper than digging a new hole or buying in, starting from scratch is only marginally cheaper. I can get type 1 dolly at £17/tonne delivered or 50mm clean at £20/ tonne . The 50mm clean is better for track bases, as it tend to hold up better. We are working on a tonne / metre and I see the grant has gone up to £44/m so there should be plenty of margin for work cost and grading off with fines . Didn’t want to get all excited about digging a hole then find the church want £10/tonne on top .

 

[Lincs Lass]

That’s what I’m working out at the moment, having spoken with a couple of companies if we can get permission to dig off the old quarry face it will be much cheaper than digging a new hole or buying in, starting from scratch is only marginally cheaper. I can get type 1 dolly at £17/tonne delivered or 50mm clean at £20/ tonne . The 50mm clean is better for track bases, as it tend to hold up better. We are working on a tonne / metre and I see the grant has gone up to £44/m so there should be plenty of margin for work cost and grading off with fines . Didn’t want to get all excited about digging a hole then find the church want £10/tonne on top .

Best find out from the church how much or not , and go from there . as said above ,,not like you are selling it to make a profit .
Only moving material from A-B within the confines of your own land .
Do the church just have a claim to the old diggings or are the landlords to the whole farm .

 

[Jimmy the bull]

Best find out from the church how much or not , and go from there . as said above ,,not like you are selling it to make a profit .
Only moving material from A-B within the confines of your own land .
Do the church just have a claim to the old diggings or are the landlords to the whole farm .

They have a claim on the mineral rights only . They Laid claim to mineral rights on several 1000 farms in 2010 apparently. Must have been a historic thing that they owned the land hundreds of years ago.

 

[benny6910]

You are allowed to dig your own stone and use it for cs tracks as I’ve done one last year for a neighbour. I think we had to blind it off with some small stone to keep them happy as we didn’t screen/ crush it just dug it out and used it.i think he possibly had to tell them that he was using his own dug stone rather than buying it in.

 

[Lincs Lass]

They have a claim on the mineral rights only . They Laid claim to mineral rights on several 1000 farms in 2010 apparently. Must have been a historic thing that they owned the land hundreds of years ago.

Sounds like they know where the matching stone is to repair local churches or cathedrals
Thats why they've claimed it .

 

[Jimmy the bull]

Sounds like they know where the matching stone is to repair local churches or cathedrals
Thats why they've claimed it .

It’s to do with coal from the 17-18th century

 

[Jimmy the bull]

You are allowed to dig your own stone and use it for cs tracks as I’ve done one last year for a neighbour. I think we had to blind it off with some small stone to keep them happy as we didn’t screen/ crush it just dug it out and used it.i think he possibly had to tell them that he was using his own dug stone rather than buying it in.

This was the plan, just didn’t want the church to sting me once I’ve dug it out and put the track down.

 

[Old apprentice]

It's not worth a button to the church commissioners because they have to have access across your land to get it and you could charge them for access.

 

[Wesley]

They have a claim on the mineral rights only . They Laid claim to mineral rights on several 1000 farms in 2010 apparently. Must have been a historic thing that they owned the land hundreds of years ago.

I don’t know where you’re from but they did the same to us & lots of other farms on top of the blackdown hills on the devon/somerset border. Seemed like we owned the topsoil, nothing more. It changed my view (or possibly confirmed it) of the church after that.

 

[Kidds]

I will guarantee the church will be after every ha'penny they can get off you.
If it were true that you can dig and use on your own land it would also be true they can come and take it away if they choose.
I would also be concerned that you opening up a quarry came to their attention and sent them on a route of doing it big scale on your land and to your detriment.
Don't be fooled into thinking they would do anything charitable, they will be worse than the most callous business enterprise you can imagine. Personally I'd be thinking to let sleeping dogs lie and just buy in.

 

[Cocomac]

The last stuff we dug out worked out about £5/6 a ton can dig a fair pile out in a day. Easy dig stuff would have been even cheaper.

 

[PSQ]

The only issue is the church commission put claim of ownership of mineral rights with the land registry a number of years ago. To be honest I’ve only recently become aware of it. Would I need to pay them a royalty fee for extracting stone for my own use? Or can I put 2 fingers up and the greedy sods?

Do you own the land?

If you do, then check the title deeds to see if the church actually retained the mineral rights. And even if they did, check to see if there is any mention of anything like 'free stone' for your own use. Just because they've claimed the mineral rights at the land registry doesn't mean that it's theirs. I own a couple of bits of land that the previous owner meant to exclude from the sale, but which ultimately weren't excluded on the deeds.

 

[Jimmy the bull]

I don’t know where you’re from but they did the same to us & lots of other farms on top of the blackdown hills on the devon/somerset border. Seemed like we owned the topsoil, nothing more. It changed my view (or possibly confirmed it) of the church after that.

Other end of the country. Yes changed my view of them as well.

 

[Forkdriver]

The church commissioners are not Christians.

 

[CPF]

Got a block land, someone else owns the mineral rights, we own the mining rights ,so both parties has to come to the table if we going to quarry it extract the minerals.
You should look into Who owns? the mining rights.
If it has not been registered, get it registered and will stop them dead owning the mineral rights.

 

[ploughman1963]

Who's going to tell them or is the quarry very visible?

 

[Salopian_Will]

JFDI.