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Mineral Rights in Scotland and Standard Scottish Clauses
PoGee
Posts: 769 Forumite
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.
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Coal is owned by the Coal Authority https://www.gov.uk/government/organisations/the-coal-authorityPoGee 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.
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.
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Why? Have you got a outcrop of coal
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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…0
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Is it usual for SSC 2,3,19 to be deleted in its entirety? I'm the purchaser.0
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What sort of seller is it? If it's not an owner-occupier than a bit more understandable why they might delete clause 2.PoGee said:Is it usual for SSC 2,3,19 to be deleted in its entirety? I'm the purchaser.
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!1 -
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.0
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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.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.0
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