Overview

It has long been established in England and Wales that subject to a number of exceptions, a landowner may generally assume his ownership includes not only the crust of the land within his legal title, but the ground beneath the surface and the air space above it.

Most common are private exceptions, in particular the exception of mines and minerals, often with an express reservation to work and remove them.

Following the decline of the coal industry in the UK, developers, funders and practitioners have been inclined in recent years to gloss over what appear to be historic exceptions bearing little relevance to modern development.

But practice is changing, as recent cases demonstrate a growing awareness of mineral exceptions, and in some cases a willingness to use them to impede or ransom development. Shoosmiths has the essentials.