Investigation of title - Mines and minerals reservations

Learning Outcomes

After reading this article, you will be able to identify and interpret mines and minerals reservations in both registered and unregistered land. You will understand the legal effect of such reservations, the practical risks for buyers and lenders, and the steps required to investigate and advise on these issues in property transactions. You will also be able to recommend appropriate searches and solutions, including indemnity insurance, for SQE1 exam scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the investigation of title in relation to mines and minerals reservations. Focus your revision on:

  • identifying mines and minerals reservations in registered and unregistered titles
  • understanding the legal and practical effect of such reservations, including ancillary rights
  • advising on the risks for buyers, lenders, and future development
  • recommending appropriate searches and solutions, such as indemnity insurance
  • reporting findings and risks to clients and lenders

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. In which section of the official copies would you expect to find a mines and minerals reservation in registered land?
  2. What is the main risk to a buyer if the owner of reserved minerals has ancillary rights of access?
  3. Which search is essential in former coal mining areas when a mines and minerals reservation is present?
  4. True or false? The existence of a mines and minerals reservation always prevents surface development.

Introduction

When investigating title to land, you must check for any reservations of mines and minerals. These reservations can separate ownership of the surface from the subsurface minerals, and may include rights for the owner of the minerals to access or work them. Such reservations can affect value, use, development, and marketability of the property. For SQE1, you must be able to identify these reservations, understand their effect, and advise on practical steps.

Identifying Mines and Minerals Reservations

Registered Land

In registered land, reservations of mines and minerals are usually found in the Property Register of the official copies. The entry may state, for example, "Excepted and reserved from the registration are all mines and minerals under the land together with ancillary rights of working." Sometimes, the entry will refer to a filed deed containing the full reservation.

Key Term: Official Copies
The certified Land Registry record of the title, including the Property Register, Proprietorship Register, and Charges Register, showing ownership and rights affecting the land.

Unregistered Land

For unregistered land, you must examine the epitome of title. Look for reservations in the root of title and subsequent conveyances, often in the parcels clause or a section headed "Exceptions and Reservations." The wording may refer to "all mines and minerals under the land" and may include rights of entry or working.

Key Term: Epitome of Title
A chronological bundle of title deeds and documents, starting with a good root of title, used to prove ownership in unregistered land.

Key Term: Root of Title
The document (usually a conveyance or mortgage) at least 15 years old, dealing with the whole legal and equitable interest, from which title investigation begins in unregistered land.

What to Look For

  • The precise wording of the reservation (does it include ancillary rights?)
  • Any reference to a filed deed or earlier conveyance (obtain and review it)
  • Whether the reservation is general or limited to specific minerals (e.g., coal, ironstone)

Legal Effect and Practical Risks

A mines and minerals reservation means the surface owner does not own the minerals beneath the land. The owner of the minerals may have rights to access, work, and remove them. The extent of these rights depends on the wording of the reservation.

Key Term: Mines and Minerals Reservation
A provision in a title or deed excepting ownership of subsurface minerals from the transfer, often with rights to access or extract them.

If ancillary rights are included, the mineral owner may be able to enter the land, sink shafts, or otherwise disturb the surface to extract minerals. This can:

  • restrict or prevent development (especially if deep foundations are needed)
  • create a risk of subsidence (ground movement or collapse)
  • cause difficulty obtaining insurance or a mortgage
  • reduce the property's value or marketability

Key Term: Ancillary Rights
Additional rights granted to the mineral owner, such as access, working, or removal of minerals, which may affect the surface land.

Key Term: Subsidence
The downward movement of the ground, often caused by mining activity, which can damage buildings and infrastructure.

Worked Example 1.1

You are acting for a buyer of a house in a former mining area. The Property Register states: "Excepted and reserved are all mines and minerals under the land together with full ancillary rights of working." The client plans to build an extension.

What are the risks and what should you do?

Answer: The mineral owner may have the right to access the land and extract minerals, which could disrupt the surface and any extension. There is also a risk of subsidence. You should advise the client of these risks, recommend a coal mining search (if relevant), and consider indemnity insurance.

Searches and Further Investigation

When a mines and minerals reservation is present, further investigation is essential.

Key Term: CON29M
A standard pre-contract search for coal mining activity, revealing past, present, and future mining, shafts, and subsidence claims.

Key Term: Index Map Search (SIM)
A Land Registry search to check if mines and minerals are registered under a separate title, which may identify the mineral owner.

Key Term: Indemnity Insurance
An insurance policy protecting against financial loss from a specific defect or risk, such as the exercise of mineral rights or subsidence.

Recommended steps:

  1. Review the title for the wording and extent of the reservation.
  2. Obtain and review any filed deeds or referenced documents.
  3. In coalfield or mining areas, order a CON29M search.
  4. Consider an Index Map Search (SIM) to identify if the minerals are registered separately.
  5. Advise the client and lender of the risks.
  6. Consider indemnity insurance to cover loss of value, legal costs, or damage from the exercise of mineral rights or subsidence.

Worked Example 1.2

A client is buying farmland. The epitome of title includes a 1930 conveyance reserving "all mines and minerals under the land with full rights of access and working." There is no evidence of recent mining. The client wants to build a barn.

What advice should you give?

Answer: The mineral owner could, in theory, access the land and extract minerals, affecting the barn and future use. Even if mining is unlikely, the risk remains. Advise the client and lender, recommend a mining search if relevant, and consider indemnity insurance.

Exam Warning

If the reservation includes ancillary rights, do not assume the risk is theoretical. Even if mining is unlikely, the legal right exists and must be reported to the client and lender. Failure to do so could result in negligence.

Revision Tip

In former coal mining areas, a CON29M search is essential whenever a mines and minerals reservation is present. Always check for separate mineral titles with a SIM search if the reservation is significant.

Key Point Checklist

This article has covered the following key knowledge points:

  • Mines and minerals reservations separate ownership of subsurface minerals from the surface.
  • Reservations are found in the Property Register (registered land) or in conveyances (unregistered land).
  • Ancillary rights may allow the mineral owner to access and disturb the surface.
  • Risks include subsidence, development restrictions, insurance/mortgage issues, and reduced value.
  • Essential searches include CON29M (coal mining) and Index Map Search (SIM).
  • Indemnity insurance is often used to protect against loss from mineral rights being exercised.
  • Always advise clients and lenders of the risks and practical implications.

Key Terms and Concepts

  • Official Copies
  • Epitome of Title
  • Root of Title
  • Mines and Minerals Reservation
  • Ancillary Rights
  • Subsidence
  • CON29M
  • Index Map Search (SIM)
  • Indemnity Insurance
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Barbri SQE
One-time Fee
$3,800-6,900
BPP SQE
One-time Fee
$5,400-8,200
College of Legal P...
One-time Fee
$2,300-9,100
Job Test Prep
One-time Fee
$90-350
Law Training Centr...
One-time Fee
$500-6,200
QLTS SQE
One-time Fee
$2,500-3,800
University of Law...
One-time Fee
$6,200-22,400

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal