Minerals can be bought and sold independently of who owns the land at surface level. Because minerals are underground it can be difficult to prove possession of minerals, even where the ownership is clearly known. Also some “minerals” such as coal, oil, or petrol are excluded from personal ownership. As a result, minerals ownership can be very complex to interpret.
However, it’s usually straightforward to identify a minerals title.
How will I recognise minerals?
- The property details section of the application form will often describe the subjects as “minerals under …”
- The further information section of the application form will often refer to minerals.
- The property description in the disposition will use the word “minerals”. It will usually also refer to the minerals as lying “under” or “beneath” the area shown on the attached plan.
What else do I need to know?
By default, Registers of Scotland does not warrant minerals titles. Solicitors can request that we warrant their minerals title by answering “yes” to the Extension of Warranty question on the application form, however this is quite rare.
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