Mineral Rights in Scotland and Standard Scottish Clauses

PoGee

If a title deed makes no mention of mineral rights, who owns them? Most of the properties here are on coal seams. Hope someone can clarify.

unforeseen

https://www.gov.scot/publications/land-reform-review-group-final-report-land-scotland-common-good/pages/28/#:~:text=They are the right to,public land ownership in Scotland.

Alderbank

PoGee said:

If a title deed makes no mention of mineral rights, who owns them? Most of the properties here are on coal seams. Hope someone can clarify.

Coal is owned by the Coal Authority https://www.gov.uk/government/organisations/the-coal-authority

Laws have been made to ensure that coal, gold and silver belong to the crown throughout the UK but here in Scotland you just  might  be lucky (I'm not  ) because some ancient rights to mine gold and silver were transferred to the  owner of the land in historic times. These are known as 'Mines Royal'. If you own the land over a Mine Royal, anyone who wants to mine there must pay you to let them.

No particular rules for other minerals but the probability is that someone has bought the rights under your house.
Find more here, including digital maps:
https://www2.bgs.ac.uk/mineralsuk/planning/legislation/mineralOwnership.html#:~:text=With%20the%20exception%20of%20oil,details%20of%20land%20surface%20ownership.

Grizebeck

Why? Have you got a outcrop of coal

PoGee

Grizebeck said:

Why? Have you got a outcrop of coal

Just wondering what would happen if the person or persons who owned these rights decided to commence fracking. 

user1977

When you say “title deed”, do you mean a property registered in the Land Register? If the property description doesn’t have a note on it saying minerals have been reserved, then they’re included in the title. Though as mentioned above, any coal reserves have been appropriated by the state…

Alderbank

PoGee said:

Grizebeck said:

Why? Have you got a outcrop of coal

Just wondering what would happen if the person or persons who owned these rights decided to commence fracking. 

Nothing would happen.
Fracking is banned in Scotland.

PoGee

Is it usual for SSC 2,3,19 to be deleted in its entirety? I'm the purchaser. 

user1977

PoGee said:

Is it usual for SSC 2,3,19 to be deleted in its entirety? I'm the purchaser. 

What sort of seller is it? If it's not an owner-occupier than a bit more understandable why they might delete clause 2.

Clause 3 is only relevant if there any such guarantees.

Clause 19 is only relevant if the seller is a limited company.

Probably easier if you chat this through with your solicitor!

PoGee

Sorry user1977, deleted clause 2 is 'of said offer' not SSC. Something about the Home Report, which we've seen and deemed to be ok.

user1977

PoGee said:

Sorry user1977, deleted clause 2 is 'of said offer' not SSC. Something about the Home Report, which we've seen and deemed to be ok.

If it said your offer was conditional on that (or anything really), yes it's completely normal for it to be deleted. Otherwise you end up with the contract always being subject to you deciding you don't like the Home Report and walking away at the last minute.