IF Oil /Gas deposits were ever found under land which you own in Britain , would you own the oil/gas rights. I was wondering if it would be same situation as in Canada , where I believe the Government owns the oil/gas rights ,EXCEPT in some areas where the Indian Bands are fortunate to own them.
Surface rights and Mineral Rights in the U.K.
- Thread starter Pilatus
- Start date
Y Fan Wen
Member
- Location
- N W Snowdonia
No, they belong to the Crown, along with uranium.
It was only on the death of my parents that I discovered that the previous owner of the home steading reserved the mineral rights to herself!
It was only on the death of my parents that I discovered that the previous owner of the home steading reserved the mineral rights to herself!
Walterp
Member
- Location
- Pembrokeshire
Is it a sign of the times that no one's mention coal? Once the greatest source of mineral wealth in the World, and what powered Great Britain to develop and hold the largest empire etc etc...
Coal rights were nationalised and now belong to the State.
Coal rights were nationalised and now belong to the State.
Roger Perry
Member
Just for comparison, if you own land in the U.S. with the mineral rights intact you theoretically own from the center of the earth to the sky above. Coal is still mined here..big time too.
Also an interesting point - I have seen several farms / bits of land for sale where the vendor is reserving rights for things like "airspace above / below x metres" in principle to reserve a portion of any future wind farm income potential.
Just like development clawbacks, I would like to see this looked into and legislated against.
Just like development clawbacks, I would like to see this looked into and legislated against.
ianw
Member
- Location
- east yorkshire
I tend to agree,either spend the money yourself or sell it.If you bought poor land and improved it,would the previous owner deserve a cut for your investment/ time?as an analogy its like trading a tractor with bald tyres but telling the dealer if he replaces them to gain a higher price,you'd like a cut.You can't have your cake and eat it..
Exfarmer
Member
- Location
- Bury St Edmunds
yes but often when farmers retire the real reason for preserving these rights is they do not want a gravel pit or wind turbine in their view
ianw
Member
- Location
- east yorkshire
Maybe its just a "tight" northener thing,but the trend up here even when selling a house with a garden is to slap a 25 year development clause on it,there's a block of land slightly south of us,with some falling down sheds still has the clause of any planning in 25yr and the owner now wants a cut,its neither suitable for development or farming in its own right,my theory is sell the land and keep the pile of hardcore for 25yr if you think its "development" potential
Roger Perry
Member
land can be sold with minerals intact or percentages retained, with energy production being ramped up it can be a handy revenue stream.
Round here everything the Church sells has an 80yr clawback on it.
ianw
Member
- Location
- east yorkshire
Well I don't suppose I can argue with god.but thinking about it I probably would
bracken basher
Member
- Location
- Gwynedd
If they have not been registered with the land Registry before the 13th of October 2013 they will expire along with any sporting rights.
http://www.savills.co.uk/_news/news...geId=141723-0&intNewsMonth=8&intNewsYear=2012
Y Fan Wen
Member
- Location
- N W Snowdonia
Thank you. Will have to wait and see..
furrowedbrow
Member
Yes the Church as been busy in this area: May 2012 and Aug 2013.
I wouldn't be convinced that you actually own land in the UK unless you have Allodial title which is rare these days. You probably only hold Title to the land which may or may not have mineral rights depending on the deeds. Ownership belongs to the "Crown" and not "The Crown Estate" which are two entirely different entities. The Crown Estate is the queens property by right of being the crowned monarch, the Crown is own by the Crown a City of London Corporation. However I doubt many if any here are willing to consider that or investigate the possibility for themselves.
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Walterp
Member
- Location
- Pembrokeshire
Err, what on Earth is an 'Allodial title'?
EDIT: not a concept that exists in England and Wales, used to exist in pre Revolutionary France, still exists in some US States.
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furrowedbrow
Member
As I understand it there are some areas of Scotland which are considered to be Allodial and you're correct it's no longer recognised in England and Wales, which is really the point I was making. In England and Wales the absolute ownership is held by the Crown.
Here is an FOI request addressed to the Land Registry on the issue. If you follow the exchange you will see that the Crown is the land owner and that Allodial is not a condition of ownership in England and Wales. Note: The land registry clearly state Crown and not The Crown Estate. FOI Allodial Here is the Law of Property Act 1925 > Manors and Minerals > Section 92 Power to Authorise Land and Minerals... > This is the Wiki page referred to by the Land Registry Allodial title.
This is quite an interesting essay on The governance of real property in England from Henry I to the second Reiteration of Magna Carta if history is of any interest, it's more a curiosity than a direct relation to this thread.
EDIT: As another aside Companies house seemed a little reluctant to disclose any knowledge of the Crown Corporation you can read in to their replies what you will FOI Crown Corporation. Maybe the request should have been aimed at simply "Crown"?
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IANTO
Member
The Crown owns Oil & Gas , and also the Coal Reserves that the NCB owned. Does own all coal.
The only metals it owns are Gold & Silver which are vested in the Mines Royal.
IANTO
Member
Wrong. The Act Applies to Manorial, not Mineral Rights that have retained by an owner.
IANTO
Member
Yes. Where Glebe land or Rectorial land has been sold off, perhaps centuries ago, in some Parishes the owners of the land, are liable for repairs to the Church.
See: http://en.wikipedia.org/wiki/Chancel_repair_liability
As the Crown own all Oil and Gas reserves, I cannot see how the Church could benefit from Fracking.
They have at least in England, been very active in Registering Chancel Repair rights.