Registration of title to minerals in Scotland

As a general rule, a conveyance of land will, in the absence of an express provision to the contrary, carry any minerals within the property belonging to the surface owner. Ownership of minerals can be held as a separate interest in land, and if these are sold for money, then the conveyance now needs to be registered in The Land Register of Scotland.

If the title or Land Certificate does not make reference to the minerals being excluded, there is a common assumption that they are included, on the principle that land is owned from the sky to the centre of the earth. There is, however, no guarantee that minerals are included in the title. There is no UK Government indemnity for loss in respect of an interest in mines and minerals, where a Land Certificate does not specifically include ownership of the minerals.

By an Act of the Scots Parliament of 1424, gold and silver are the property of the Crown who can sell or lease them. Petroleum and natural gas are state owned.

In July 1942, ownership of coal, mines of coal and associated minerals transferred to the Coal Commission. They were subsequently held by National Coal Board which changed its name in 1987 to British Coal Corporation . In October 1994, all unworked coal transferred to The Coal Authority who have power to lease or sell.

Compulsory acquisition rights of property, including conveyances in the form set out in Schedule A or Schedule B to the Lands Clauses Consolidation (Scotland) Act 1845, do not carry minerals unless they are expressly included, and cannot extend to coal.

For reasons set out more fully in the paragraph below on Mining Leases non coal minerals may belong to The Coal Authority by the coal nationalisation process.

The following is a link to the Keeper of The Land Register of Scotland’s advice on his practice for the registration of mineral ownership rights:

• http://www.ros.gov.uk/rotbook then click on “chapters” and choose chapter 6, and scroll down to “Minerals”, and click “next page” until you reach the end of the section on minerals.

If a property-owner considers that his title includes minerals (apart from those vested in the Crown and The Coal Authority) he will need to show that he has a legal title and that he (or the seller) can show good title to, and possession of, the minerals for at least ten years. Evidence of possession would normally include a court judgement or evidence that the minerals had been leased or worked during the relevant period.

Queries about specific properties that are to be purchased should be directed to:

• Pre-Registration Enquiries Section.
  Registers of Scotland,
  Meadowbank House,
  153 London Road,
  Edinburgh.
  EH8 7AU.