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wingrovebuyer
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 737
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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We own a house on a third of an acre and we have had a

Customer Question

We own a house on a third of an acre and we have had a letter from the Land Registry that someone is applying to change the qualified mines and minerals title to the absolute mines and minerals title even though we own the freehold. Will this mean that they are free to mine our property or could they only do it with our permission? Is this something which we need to see a solicitor about or is this just a legal formality which is unlikely to affect us?
Many thanks
Christophe
Submitted: 1 year ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 1 year ago.

Hello. What this means is that a third party has already claimed and registered the mines and minerals beneath your land, probably as part of a much larger application. There are to grades of title for freehold minerals - Qualified and Absolute. Land Registry grants Qualified title where there is a prima facie claim to ownership, and Absolute title where there is a definite, proven ownership. In some cases, mineral owners granted Qualified title can apply to upgrade this to Absolute where they come across better or additional evidence to support their claim. Land Registry only lets surface land owners know about claims where they intend to grant Absolute title. Accordingly, you weren't told about the original application, but now you have been told because the applicant is seeking to upgrade to Absolute. In terms of what the mineral owner can do, this will depend on the rights they have as set out in the relevant document by which the ownership of the minerals were separated from the land. In most cases, they will have rights to enter your land to work the minerals, but this will usually be subject to paying full compensation. In addition, they'd need planning consent for any

Expert:  wingrovebuyer replied 1 year ago.

workings. Best, WB

Expert:  wingrovebuyer replied 1 year ago.

Hello - has this answered your question? If so, please leave a rating. Best, wb

Customer: replied 1 year ago.
Thank you for your reply. Yes, you have answered my question satisfactorily. Many thanks.
Expert:  wingrovebuyer replied 1 year ago.

Great - would you please leave a rating then, or Just Answer won't pay me for helping you. Best, WB.

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