Ownership and Mineral Reservations

Ownership and Mineral Reservations

When many years - even centuries - may have passed between a transaction and the interpretation of the parties’ intentions, it’s hardly surprising that the reservation of mines and minerals from a sale of land is often misunderstood. And mineral owners and current surface owners frequently come into potential conflict over what is and what isn’t a mineral as a consequence of the Land Registration Act 2002 and subsequent registration of overriding interests.

We’ve been advising estate owners on the ownership of minerals since the 1830s, pre-dating all the significant case law defining the issues. From advising on the strength of a negotiating position to acting as expert witness, our chartered minerals surveyors are among the most experienced in the field.

If you have title to mineral rights and believe they’re being extracted without your consent, we can help. The same applies if you’re a surface owner or developer and have been approached by a mineral title holder. In many cases we can quickly interpret mineral reservations that appear ambiguous in the light of established legal precedents. Where this isn’t possible, we can assess the strength of both parties’ positions to help reach a balanced settlement. 

Contacts

Stephen Barry Stephen Barry
Technical Director
+44 (0)1782 276700
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Nick Beale Nick Beale
Technical Director
+44 (0) 191 232 0943
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