SDLT3 form and mineral rights

System

This discussion was created from comments split from: Stamp duty.

abukco

SDLT3 Form - Regarding question 7: 'Are there any minerals or mineral rights reserved or excluded'. The garden is in two separate plots as my late parents bought the end plot off the railway. We need to complete the SDLT3 Form for this end plot. The previous owners, the railway have stipulated lots and of caveats regarding this land and one is the mineral rights. My question is, do I therefore answer yes to question 7 as there are mineral rights reserved by the railway. My brother and I were left the house and garden plot in my late parent's will and I'm now in the process of buying him out of his share. My question is do I answer yes due to the railway's caveats or is question 7 regarding the current seller (my brother) as he is not reserving or excluding any mineral rights etc?

propertyrental

abukco said:

SDLT3 Form - Regarding question 7: 'Are there any minerals or mineral rights reserved or excluded'. The garden is in two separate plots as my late parents bought the end plot off the railway. We need to complete the SDLT3 Form for this end plot. The previous owners, the railway have stipulated lots and of caveats regarding this land and one is the mineral rights. My question is, do I therefore answer yes to question 7 as there are mineral rights reserved by the railway. My brother and I were left the house and garden plot in my late parent's will and I'm now in the process of buying him out of his share. My question is do I answer yes due to the railway's caveats or is question 7 regarding the current seller (my brother) as he is not reserving or excluding any mineral rights etc?

Assuming that's a complete quote, it seems clear. It does not say " 'Are there any minerals or mineral rights reserved or excluded by the seller" nor " 'Are there any minerals or mineral rights reserved or excluded by the previous owner".

SDLT_Geek

propertyrental said:

abukco said:

SDLT3 Form - Regarding question 7: 'Are there any minerals or mineral rights reserved or excluded'. The garden is in two separate plots as my late parents bought the end plot off the railway. We need to complete the SDLT3 Form for this end plot. The previous owners, the railway have stipulated lots and of caveats regarding this land and one is the mineral rights. My question is, do I therefore answer yes to question 7 as there are mineral rights reserved by the railway. My brother and I were left the house and garden plot in my late parent's will and I'm now in the process of buying him out of his share. My question is do I answer yes due to the railway's caveats or is question 7 regarding the current seller (my brother) as he is not reserving or excluding any mineral rights etc?

Assuming that's a complete quote, it seems clear. It does not say " 'Are there any minerals or mineral rights reserved or excluded by the seller" nor " 'Are there any minerals or mineral rights reserved or excluded by the previous owner".

I think the question on the latest form SDLT3 does indeed read "Are there are any minerals or mineral rights reserved or excluded"  The guidance notes from when the forms were first published (though for the equivalent question on SDLT4) says "Any mineral rights (historic or new) which are expressly excluded from this sale should be indicated here".

So I suggest the answer should be "Yes" to Q7 on SDLT3.

user1977

Yes, the guidance notes suggest they want to know about existing reservations. As with various other questions, goodness knows what they're doing with the info though...