Often your conveyancer will tell you that the ‘mining and mineral rights to your property have been reserved’. But what does this actually mean?
To start with, the legal position set out by the Supreme Court in Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 is that the owner of land owns everything below it except where rights to the minerals have been separated off and reserved to third parties. Such separation could have taken place hundreds of years ago. Whenever these rights are reserved it will mean that another person has the right to remove the minerals below your property, but this doesn’t necessarily mean that they can just knock your house down and get going with a pickaxe and dynamite.
However, as you can imagine, it could be quite troublesome to have the ground removed from under your feet! So, it is essential that your conveyancer checks that any reservation contains a provision to provide compensation in the event of that damage is caused to both the surface of your land and also to any buildings and other property above ground if the rights are ever exercised. This compensation can either be by statute with the The Duchy of Cornwall (No. 2) Act 1844 (where the rights are reserved by the Duchy of Cornwall), or will be assessed within the deed which reserved the mineral rights.
Conveyancing in Cornwall can be quite a ‘mine’-field, so when you buy and sell your property make sure you choose a conveyancer who knows the law, who knows the risks and can understand them. Nalders have been advising the residents of the County and helping them navigate the risks above and others for over two hundred and fifty years.
Nalders have a dedicated team of Residential Conveyancing specialists on hand to advise you on buying and selling property generally. To find out how we can help, please get in touch by either filling out this contact form or by calling us on 01872 241414.