Practical Guide 65: records of mines and minerals (2023)

Please note that HM Land Registry's practical guides are primarily intended for solicitors and other carriers. They often deal with complex issues and use legal terms.

1.Entry

This guide applies to the registration of mines and minerals under the Government Records Act 2002. It is not intended to be a general guide to mining and minerals legislation.

Article 132 para. Section 1 of the Land Registry Act 2002 defines "mines and minerals" as including all strata or deposits of minerals or substances on or under any land, as well as powers to work and extract such minerals or substances. The term "land" is defined in this section as including "...(c) mines and minerals, whether or not retained on the surface."

Registration of mines and minerals kept separate from the surface is not mandatory (Section 4(9) of the Land Registration Act 2002), unless it is possible to register such mines and minerals (Article 27 of the Land Registration Act 2002) .

Where mines and minerals form outcrops or outcrops, such as along a cliff sloping towards the sea, the usual rules for mandatory registration apply on the surface.

At any time, it is possible to submit a voluntary application for the registration of mines and minerals.

Rights in respect of mines and minerals held by law by you (under section 48 of the Property Rights Act 1852, section 23 of the Property Rights Act 1894 or section 5 of Schedule 12 of the Securities Act 1922 .) are not listed under section 1(1)(a) of the Real Estate Act 1925 but under section 1(2)(a) of the Real Estate Act 1925. These rights cannot be registered in one's own name under with section 3(1)(a) of the Commonwealth Registration Act 2002. Where there was a manorial custom whereby the lord had the right to enter the tenant's land and take minerals, it is possible to register the rights reserved to the lord to franchise based on it Acts on the basis of art. 3 sec. 1 lit. d) Land Act 2002, but only where there is a correct gross profit. I seepractical guide 16: profit a prendre (obtaining natural resources from someone else's land)details on how to record profit a prendre in gross value.

Under common law, under the prerogative of the Crown, all gold and silver mines belong to the Crown unless exceptionally granted to an entity. Oil in its natural state also belongs to the Crown. Most of the coal shares belong to the Coal Office. The Coal Office may also own other mines and minerals in mining areas. Therefore, the registered securities will not include any of these shares.

2.The first registration of free mines and minerals separately from the land

2.1How to apply and save documents

An application for first registration should be submitted toFR1 formatand, subject to rules 25 and 26 of the Land Registry Regulations 2003, attach:

• top view of the surface under which there are mines and minerals
• any other information sufficient by plan or otherwise to enable the unambiguous identification of mines and minerals
• full details of mining and mineral rights

In addition, you must submit:

• documents confirming the ownership of mines and minerals (seeOwnership of mines and minerals
• all necessary research on land fees
• fee (paid in accordance with the current land and mortgage registerCompensation orderseeHM Land Registry Fees: Fees for registration services) based on the price paid in the last transaction or confirmation of the value of entered interest
• full details on Form DI of any other unregistered interests affecting mines and minerals as set out in Schedule 1 of the Government Records Act 2002 (seepractical guide 15: dominant interests and their disclosure)
• proof, if necessary, that mines and minerals are currently being exploited (which may be useful when considering ownership class)

If the application is a first registration, original documents are usually required. However, the assignor may apply for first registration only on the basis of certified copies of documents and documents. For information on this, seepractical guide 1: first registration - Applications submitted by sellers - acceptance of certified copies of documents.

If your request is not your first entry, we only need certified copies of the document or documents you send us with your application to HM Land Registry. After we make a scanned copy of the documents you send us, they will be destroyed. This applies to both originals and certified copies.

However, any original copies of death certificates or death certificates will still be returned.

2.2Title category

There are serious problems with establishing good ownership of mines and minerals. They are discussed inOwnership of mines and minerals. For this reason, mines and minerals can usually only be registered with a recognized title.

The qualifications will be as follows:

"QUALIFICATION: The inclusion of all or some of the mines and minerals and permission to exploit and extract them under this Title does not affect or prejudice the exercise of any ownership or interest existing prior to [date of first registration]."

3.Ownership of mines and minerals

A conventional 15-year ownership will rarely be sufficient to allow you to acquire ownership of mines and minerals for the following reasons. In many cases, the difficulty will be in determining whether any of the situations described below apply or not.

3.1Crown grants

All land in England and Wales is held by the Crown. Some Crown land grants included mines and minerals, and any reservations in favor of the Crown were construed against the grantee.

3.2Copy

Tenure was a form of ownership of large tracts of land which was abolished on January 1, 1926, by the Land Titles Act of 1922. While the situation with respect to ownership of mines and minerals on copyrighted land was governed by court customs where the land was most often the usual situation was that the ownership of the minerals belonged to the lord of the manor, but the lord could not work with them without the consent of the owner of the copy. Even where the owner of the property may mine minerals, once the minerals have been removed, the place occupied by the property belongs to the owner's heir (Eardley v. Granville (1876) 3 Ch. D. 826).

Once title was granted (either under the Property Acts 1841, 1852, 1858 or 1894 or under the Property Act 1922) the position of the landlord and tenant in relation to mines and minerals was generally protected by adequate reserves under the applicable law . However, from time to time, voting parties have specifically considered positions with regard to mines and minerals. When acquiring a common law franchise, the mines and minerals usually pass to the franchisee, but the franchise purchase agreement may be concluded in other ways. It is not always clear from the franchise agreement whether a franchise is governed by common law or one of the transfer laws. Enfranchisement was the process by which property rights were transformed into property rights.

3.3Ancient property

The former castle was a manor owned by the Crown in the time of Edward the Confessor or William I. The position regarding the ownership of mines and minerals on ancient manor lands can be ambiguous, as some tenants of the ancient manor held ownership while others held copyright.

3.4Former tenure, customary tenure and tenancy

The ancient manor was land that was not a plot of land, but held by the lord's will and could be passed on without requiring access. Since the property belonged to the sharecropper, the mines and minerals usually belonged to them.

Unlike old property, which was a type of property, common property was a form of privileged copy. A customary transfer of ownership may be by delivery and access, or a customary transfer followed by access, or a customary transfer with delivery and access. As a form of copyright ownership, the position in terms of mines and minerals is the same as the floorCopy.

Tenancy was a form of tenancy mainly in the counties of Northumberland, Cumberland and Westmorland. While it was probably neither property nor property, it was customary property, and ownership of mines and minerals may depend on the specific custom of the land in question.

3.5local law

In some parts of the country, mineral extraction and ownership may depend on 'local law', such as in the Forest of Dean or High Peak. In the Southwest (and perhaps elsewhere) there may be questions about conventional sheet metal cladding or cladding. There may be other examples.

3.6Fences

If land was subject to an act or ordinance of incorporation, ownership of mines and minerals may be subject to that act or ordinance. Enclosure may have occurred before 1700 and may not be mentioned in later records, but still settles property issues.

3.7Carbon principle

In some areas of the country, mines of coal and other mines and minerals may be entrusted to the Coal Office. Where applicable, HM Land Registry will normally make an entry excluding from ownership the mines and minerals that were under the jurisdiction of the Coal Commission under the Coal Act 1938. If you do not wish such an entry to be made, you will be expected to ask by inquiry to the Coal Authority and provide any supporting material to justify a request to omit such a list (seeNotifications).

3.8Adverse possession

It is possible that underground excavations have produced an unfavorable mineral layer or zone.

4.Including mines and minerals

Mines and minerals are considered to be covered by registered land title. This reflects the common law position for mines and minerals where surface land is not registered.

However, Section 2 of Schedule 8 of the Government Registers Act 2002 provides that no compensation is payable for mines and minerals unless there is a special entry in the register confirming their title.

Such a note can be entered as a result:

• special application upon first registration
• next application toform AP1

The evidence required in support will be the same as that required to grant absolute ownership upon initial registration of mines and minerals (seeOwnership of mines and mineralsand must be sufficient to convince the registrar that such mines and minerals form part of the registered property (Rule 71 of the Land Registry Regulations 2003). If proof of ownership of mines and minerals is not sufficient to obtain absolute title, a separate title may be established in accordance with Art. 9 sec. 4 and 10 sec. 5 of the Land Registration Act 2002.

Note: seeHow to apply and save documentsin connection with the storage of documents sent to us.

The form of entry in the register for the expansion of mining and mineral compensation is, as a rule:

"NOTE: - For the purposes of section 2 of Schedule 8 to the Government Records Act 2002, [details of mines and minerals] are included in this title."

If it is not possible to indicate in the register that the ownership of the registered real estate includes mines and minerals, but the description of the registered real estate includes mines and minerals, an entry may appear in the lines:

'NOTE: The description of the registered property is an entry made pursuant to Rule 5(a) of the 2003 Land Registration Rules and is not an endorsement referred to in section 2 of Schedule 8 to the Land Registration Act 2002 that registered property includes mines or minerals.' Mines and underground minerals are included in the entry only to the extent that they are included in [title number].

Such an entry could be used, for example, where the transfer of part of the registered immovable property involves mines and minerals, but the real estate register of the seller does not contain an entry within the meaning of paragraph 1. 2 Schedule 8 of the Registry Act 2002. The Secretary of State will wish to ensure that any reference to mines and minerals in the description in the land register of the transferee will not be an endorsement within the meaning of section 8. 2 Schedule 8 of the Land Registry Act 2002.

5.Lease of mines and minerals

5.1First registration

5.1.1 How to apply

An application for first registration should be submitted toFR1 formatand, subject to rules 25 and 26 of the Land Registry Regulations 2003, attach:

• top view of the surface under which there are mines and minerals
• any other information sufficient by plan or otherwise to enable the unambiguous identification of mines and minerals
• full details of mining and mineral rights

In addition, you must submit:

• documents confirming the ownership of mines and minerals
• all necessary research on land fees
• fee (paid in accordance with the current land and mortgage registerCompensation orderseeHM Land Registry: Fees for registration services) based on the price paid in the last transaction or confirmation of the value of entered interest
• detailed information atDI formany other unregistered interests affecting mines and minerals as defined in Schedule 1 of the Land Registration Act 2002 (seepractical guide 15: dominant interests and their disclosure)

Note: seeHow to apply and save documentsin connection with the storage of documents sent to us.

5.1.2 Title class

If the lessor's title cannot be satisfactorily established, a good lease title will be recorded. If absolute title is to be registered, proof of ownership of the owner will be required (seeOwnership of mines and minerals).

5.2Leasing of mines and minerals outside the registered lands

If a Mines and Minerals Lease grants absolute ownership of the Mines and Minerals, or there is a Tenant Ownership Notice in connection with the incorporation of these Mines and Minerals, absolute ownership may be registered. In the absence of such a note and the landlord is registered with full legal title, then absolute title may be entered in the lease, but the following entry will be made in accordance with the description of the registered property:

“NOTE: The description of the registered property is an entry made under Rule 5(a) of the Land Registration Rules 2003 and is not an endorsement referred to in section 2 Schedule 8 of the Land Registration Act 2002 that the registered property includes mines or minerals underground. Mines and underground minerals are included in the registration only to the extent they are included in [tenant title number].”

In cases where the lessor is registered with a recognized right or ownership, a good lease will be registered.

6.Off-registered land transfers

If the transfer of mines and minerals is by title to the mines and minerals or mentions the incorporation of these mines and minerals, the new title will be registered under the same title type as the existing class of titles. In the absence of such annotation, the new title will be entered in the same title type as the existing class of titles, except that the entry will be made in accordance with the property description entered:

'NOTE: The description of the registered property is an entry made pursuant to Rule 5(a) of the 2003 Land Registration Rules and is not an endorsement referred to in section 2 Schedule 8 of the Land Registration Act 2002 that registered property includes mines or minerals underground. Mines and underground minerals are included in the entry only to the extent that they are included in [seller's title number]'.

If the registered title of the property includes a mention expressly including mines and minerals or is silent about the inclusion or exclusion of mines and minerals, any transfer or exclusion of such title excluding mines and minerals has the effect of cutting off the mines and minerals from the surface of the earth.

In these circumstances:

• if an all transfer is filed, a new title will be created for the mines and minerals owned by the transferor
• if part is transferred, the mines and minerals will remain with the transferor as registered property

In some cases, such as estates under construction, where many transfers of parts are likely to occur, it may be appropriate to register mines and minerals separately for the entire property with a new title number.

7.Notifications

We may notify the land title holder of the application and we may also notify others such as the Crown or the Coal Office in appropriate circumstances (rule 30(a) Land Registry Rules 2003). In an unusual case where the ownership title is disputed and the claim relates to a coal mine site and the claimant requests the waiver of foreclosureCarbon principle, the applicant is expected to make sure before submitting the application whether he holds the rights to the mines and minerals for which he applies for registration with the Coal Office. Details of the coal mining areas can be found on the websiteWebsite of the Coal Administration.

8.Compensation

Section 2 of Schedule 8 of the Government Registers Act 2002 provides that no compensation is payable for mines and minerals unless there is a special entry in the register that shows title to them.

9.Overriding interests

Registered land is subject to any existing overriding interests (Sections 11, 12, 29, 30 and Schedules 1 and 3 of the Land Registration Act 2002). This includes:

• shares in any coal mine, the rights attaching to such shares and the rights of any person under sections 38, 49 or 51 of the Coal Industry Act 1994.
• in the case of land registered before 1898, rights to mines and minerals (and related rights) created before 1898;
• in the case of land registered in the years 1898-1925, mining and mineral rights (and related rights) arising before the date of entry in the register

10.Profit per download

Granting the right to enter the area and extract minerals can bring profit. Such a right may be registered if it is expressed in a gross amount (cfpractical guide 16: profit a prendre (obtaining natural resources from someone else's land)) and must be registered if the grant is outside registered land, unless the right thus granted is subject to registration under the Commons Registration Act 1965.

11.Examples of situations where absolute ownership of mines and minerals is appropriate

Due to the difficulty of proving the negativity required to acquire property (seeOwnership of mines and mineralsThese examples mainly concern situations where there is clear evidence that the land was previously owned.

11.1

The crown was the lord of the manor (not the manor of the former estate: seeAncient property) on January 1, 1926, when the Property Act of 1922 came into force. At that time, the Crown did not grant any mining and mineral leases or deal with mines and minerals in any other way. The indemnity agreement which was made between the Crown and the former copyist covered not only the extinction of court incidents preserved in part V of the Property Act 1922 in or to any mines and minerals on or under said land and sports and other rights affecting them are protected by the twelfth annex to this Act. The applicant can prove that the co-owner and his predecessors and heirs did not deal with mines and minerals or had any interest in them other than land. No underground minerals have been processed.

In this case, it is clear that the successor to the mine owner owns the mines and minerals on the land in question, and absolute title is appropriate.

11.2

Under the terms of the grant of incorporation, the land is granted to the owner and the mines and minerals located underground are transferred to the lord of the manor. In granting title to land under the Shares Act 1894, mines and minerals were not discussed in detail, so the ownership of the lord of the manor was not affected. The applicant can prove that the master and the master's predecessors and successors did not deal with or have any interest in mines and minerals other than land. No third party owned the mines and minerals.

In this situation, it is obvious that the heir to the lord of the manor has a legal title to the mines and minerals located under the land in question and the absolute title is appropriate.

11.3

After obtaining the right to land in the estate under the title deed of 1922, the manor manor and the former owner of the estate concluded a payment agreement in the form of a deed, in which all mines and minerals located on and underground were left to the lord of the manor. Previously, neither the farm lord nor the copyist had dealt with the farm lord's interests in mines and minerals. There is no indication that the mines and minerals were related in the original crown grant.

In this situation, it is obvious that the heir to the lord of the manor has a legal title to the mines and minerals located under the land in question and the absolute title is appropriate.

11.4

A landowner who can prove:

• title directly from the Crown's subsidy, which included mines and minerals
• that the land has never been the subject of a copyright grant
• that mines and minerals have never been removed, prior to the date of application for first registration, they can be expected to be granted absolute property rights

12.Things to remember