Skip to main content

Insight article

March 29, 2019

What lies beneath…

If you’re investing in or developing property, be aware that any mines and minerals beneath the surface could be owned by someone else.

Back in 2013, prompted by changes under the Land Registration Act 2002, some estate owners had their legal advisers trawl through their old deeds to identify and register certain interests which needed protecting.

In doing this, they uncovered evidence that title to some mines and minerals had been severed from the ownership of the surface land decades or even centuries earlier. While not all rights to mines and minerals needed protection by registration, estate owners applied to register them voluntarily anyway.

Prior to this, when a surface owner bought (as it thought) the whole of the land, it may not have known about such mines and mineral rights because many had not been registered at that time.

So, what’s the position if you own the surface property, someone else has the rights to the mines and minerals, and you want to carry out works beneath the surface, such as laying foundations?

Some of these interests limit mines and minerals to a certain depth. So, it may not be an issue if you don’t excavate to that depth. However, if you do, the owner could technically claim trespass, but they would need to establish that they had suffered some loss.

What if you’re buying a property and such interests beneath the surface are revealed? What’s the risk? And what can you do?

Mines and minerals don’t have to be anything valuable, and the Land Registry has been known to register titles where they formed the ordinary bedrock of the local area. These interests often cover vast areas of land. So, whilst such interests may exist, the commercial risk of anything happening with them could be low.

What remedies are open to me?

A mining search should be obtained, and generally, it will always be prudent to seek title indemnity insurance to cover the risk. Be wary of approaching the owner of a mineral to find out if it is prepared to sell its title, as this would likely result in unavailable insurance.

John Gillette has over 15 years of experience dealing in commercial real estate.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Completion and post-completion steps in a sale: Final steps for sellers
    A guide to completion and post completion steps in a corporate sale including exchange, stamp duty, Companies House filings and key administrative requirements.


    Read more
  • How to protect your brand: A beginner’s guide
    Trademark protection for businesses explained, including how to register a trademark in England and Wales and the key steps to protect your brand.


    Read more
  • Inheritance Act claims and letters of wishes: Managing risk in estate planning
    This article explains who can bring a claim, the strict time limits involved, and the risks for executors and beneficiaries. It also explores how a carefully drafted Letter of Wishes can provide valuable context, demonstrate intention, and help reduc


    Read more
  • Confusion as Companies House rolls out identity checks for directors 
    Company directors are being urged to familiarise themselves with new identity verification requirements being introduced by Companies House, as confusion is reported around how and when the checks must be completed.


    Read more
  • Transactional documents in a corporate sale: What sellers should know
    Once due diligence is complete and terms are agreed, the focus turns to negotiating the transactional documents that underpin a share or asset sale. This guide explains the purpose of the key documents involved in business acquisitions and why carefu


    Read more

What they say...

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

  • Prasanna Sooriakumaran, February 2026
    “Really good, especially at dealing with the company that tried to overplay their hand. I highly recommend.”

  • Sharla Munian, February 2026
    Outstanding Legal Support and a Brilliant Result “I cannot recommend RIAA Barker Gillette highly enough. My solicitor supported me throughout a very challenging property litigation matter, and thanks to her expertise, dedication, and strategic

  • Client, February 2026
    Very good service in disagreement with architect “RIAA assisted me in a conflict I had with my architect, who wanted to overcharge me. The end result was satisfactory, with invoices reasonable despite being slightly higher than expected!”

  • Sharla Munian, February 2026
    Outstanding Solicitor Who Delivered the Outcome I Hoped For “After a number of years navigating a complex financial settlement following my separation, my solicitor has been incredible from start to finish. Their professionalism, patience, and

Read more
Send this to a friend