Homeowners in Former Mining Areas May Encounter Mineral Rights Clauses
A clause reserving mining rights under a property is common in areas with a history of extraction, but often poses little current risk.
Homeowners in areas with a history of mining may encounter clauses in their property deeds that reserve mineral rights to a third party. These clauses, which can appear in both leasehold and freehold documents, are often a relic of past arrangements and do not necessarily indicate an immediate threat of subsidence or extraction.
Such clauses are not uncommon in England, particularly in regions with a historical mining presence. Traditionally, when land was sold, the seller might retain ownership of valuable minerals beneath the surface, a practice known as 'severance.' This separation of ownership means that a property owner may own the house and land but not the minerals underneath.
The specific wording of these clauses often grants the mineral owner the right to extract minerals without providing support for the surface and without liability for resulting damage or subsidence, other than statutory obligations. For example, the Coal Mining Subsidence Act 1991 provides a framework for compensation and remedial work in cases of coal mining subsidence.
Experts note that while the wording can be broad and intended to protect mining companies and mineral owners, the practical implications for a homeowner are often minimal. The existence of such a clause does not inherently mean that subsidence has occurred or is likely to occur. The actual risk depends on factors such as whether mineral extraction is still active locally, who owns the mineral rights, and the realistic prospect of future extraction.
Conveyancers typically conduct mining or ground stability searches when a property in a mining area is purchased. These searches aim to identify known mining activity, past subsidence claims, and potential future risks. Mortgage lenders also remain vigilant about these issues and expect significant concerns to be identified during the conveyancing process.
While the theoretical possibility of extraction affecting a property exists, any such operations would typically require planning permission and other regulatory consents. For most residential properties, active mineral workings directly beneath or adjacent to the home are uncommon. Homeowners seeking additional reassurance can consult a conveyancing solicitor to review the title documents and mining searches. In some instances, indemnity insurance may be available to offer financial protection against potential enforcement of these rights.