UKC

Fracking as tresspass

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 bigbobbyking 26 Jan 2015
This need to change the trespass laws to enable fracking has got me interested... I had understood that in the UK owning land doesn't mean you own the mineral rights to the stuff underneath (unlike in the USA I believe). So why is there a need to change the trespass laws? Is there not a precedent with all the coal mines that already exist, that digging stuff from under your house isn't trespass? Or do they date from the time when one person owned all the land they'd go under anyway?
 wintertree 26 Jan 2015
In reply to bigbobbyking:

Totally non-expert suggestion from me. Specific rights can be sold on separately to the freehold or leasehold of land. In the past, "mineral rights" have often become separated from the title to the land. I'm assuming that "mineral", whilst it includes coal, excludes gaseous and presumably liquid substances, and shale gas needs new law?

I haven't reached a solid conclusion from some googling, perhaps someone can step in and correct me...

In reply to bigbobbyking:

I live in Cornwall. Everything from six feet below the surface, running deeper, belongs to Prince Charles. Because it does.

I can't tell you what a happy, fuzzy glow this gives me.

When I build an extension, complete with cellar, I'm going to send him his share of the excavations.
 Billhook 26 Jan 2015
In reply to Martin not maisie:

It had to be more than six feet below otherwise he'd also own all the corpses in the churchyards.
 Rob Davies 26 Jan 2015
In reply to bigbobbyking:

Try this

https://www.bgs.ac.uk/mineralsuk/planning/legislation/mineralOwnership.html

A lot of rights appear to be vested in "the Crown", even if the land above is not owned by the Crown.
 DancingOnRock 26 Jan 2015
In reply to Dave Perry:

> It had to be more than six feet below otherwise he'd also own all the corpses in the churchyards.

>

Or you'd need his permission everytime you buried someone.

6ft sounds a bit nonsensical. What does happen with building works?

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