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Church commission has mineral mining rights to property?

Ygritte
Ygritte Posts: 116 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker
in House buying, renting & selling
A relative of mine is trying to buy a lovely cottage in a small village in cornwall. They’ve just received the land registry deed and were appalled to find that the church commission has mineral mining rights to their land.

Does anyone have experience with this?
Is it as serious as it sounds? Is it possible to get this removed?

They are now considering dropping out of the sale as they are worried that one day someone will come along and want to dig up their property.
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Comments

  • Robin9
    Robin9 Posts: 12,657 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In practise it's no problem. And no you can't get it removed.
    Never pay on an estimated bill. Always read and understand your bill
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Vast swathes of the country have minerals owned by a different party from whoever owns the surface of the land. And all coal reserves are nationalised.

    It's immensely unlikely that there are actually any useful minerals under the property, and even less likely that planning permission would be granted for their mining. And even if there was, there are legal protections for the surface property owners. And if it's really still a concern, you can get insurance against the risk of the minerals being worked.

    They should really speak to their solicitors before they start misinterpreting other things and panicking unnecessarily.
  • Ygritte
    Ygritte Posts: 116 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 28 January 2020 at 1:51PM
    Thank you. I think they are also concerned that it could be used as a way to get them to leave the property if say a new development wanted it.
  • Ygritte
    Ygritte Posts: 116 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Do you think it’s possible for the clause to be used maliciously in the future to get them to leave the land?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Ygritte wrote: »
    Thank you. I think they are also concerned that it could be used as a way to get them to leave the property if say a new development wanted it.
    Nope.

    The very worst that could happen is that their plot gets mined beneath - no surface working, just extending underground. And any damage to their property arising from that mining would be covered by the people doing the mining. That wouldn't necessarily actually be a vicar, though.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ygritte wrote: »
    Do you think it’s possible for the clause to be used maliciously in the future to get them to leave the land?
    I suggest you read my previous reply again. This is nothing to worry about.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    davidmcn wrote: »
    . This is nothing to worry about.

    Well, there is the fact that locals there till insist on putting jam on the scone before the cream, even though we in Devon have shown them how to do it properly a million times.

    Proof of an obstinate gene in the pool IMO. Avoid!
  • molerat
    molerat Posts: 34,275 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    More to the point is that you don't have the mineral rights on that land.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    molerat wrote: »
    More to the point is that you don't have the mineral rights on that land.
    ...if you were planning on mining it yourself...
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    molerat wrote: »
    More to the point is that you don't have the mineral rights on that land.
    What use would they be, unless you had been hoping to start mining?
This discussion has been closed.
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