Mines and Minerals – the hidden problem for developers (NEWCASTLE)
10th June 2015
PLEASE NOTE THAT THIS SEMINAR IS NOW FULLY BOOKED.
If you would like to be added to the waiting list please contact Ashleigh Chisholm on 0191 204 4046 or firstname.lastname@example.org
What lies beneath…and who owns it?
Ward Hadaway’s property team invite you to a free 1.5 hour breakfast briefing on Wednesday 10th June where we will guide you through the difficulties that developers can face where the seller of a development site does not include ownership of the mines and minerals under the surface.
PLEASE NOTE – There is a 3 person limit from each organisation for this seminar. To book more than 3 places, please contact Stephanie Sharp on 0191 204 4048 or at email@example.com.
Most development involves the laying of foundations and other subterranean services and ground works. In many cases work of this nature will involve disturbing or removing minerals. Developers and landowners could be forgiven for thinking that where they own land which has development potential they own all the land beneath the surface including any such minerals under the ground. As some are finding to their cost, this is frequently not the case. If the minerals are owned by someone else, disturbing them will be a trespass against the minerals owner. This could lead to claims for damages or, in extreme cases, could lead to an injunction to stop work on the site.
We are delighted to have as our guest speaker Michael Driscoll QC who hails from Maitland Chambers in London. Michael is a leading light in this area of law having appeared for successful appellants Star Energy in the well known Supreme Court case Star Energy v Bocardo SA .
Michael will provide you with a practical guide and invite questions on the following topics:
- when does the owner of land own the minerals under the land, and how reliable is the registered title in this respect; and
- when the owner of land does not own the minerals under the land, what rights does the owner of the minerals have over the land, and in particular what grounds does he have to challenge development on the surface of the land or to hold the developer to ransom
Given that the consequences of developing land without properly addressing this issue could have significant financial implications, this seminar should be of great interest and importance to residential and commercial developers, as well as landowners.
Being such a hot topic, we expect the session to be very popular.
Guest speaker – Michael Driscoll QC
Michael Driscoll QC is a member of Maitland Chambers. He has a varied commercial chancery practice which includes all aspects of real estate law. He is on an approved list of counsel for advising, for defective title insurance purposes, on restrictive covenants, easements and other defects in title which affect prospective commercial and residential development of land. He has advised wind farm operators, superstore owners, and house builders in relation to trespass claims brought against them by minerals owners such as the Lonsdale/Mather estates. On the other side of the coin, he has advised the Coal Authority in relation to its and third party claims to minerals, and UKOOG (UK Oshore Oil and Gas association) in relation to its members’ rights to carry out shale gas exploration. He has advised and acted for a number of companies in the aggregates industry in relation to their rights over land generally and under the Mines (Working Facilities and Support) Act 1966 specifically. Michael represented Star Energy in its successful appeal to the Court of Appeal from the decision of Peter Smith J and then in its successful opposition to Bocardo SA’s subsequent appeal to the UK Supreme Court  1 AC 380. The case confirmed that an owner of land is presumed to own all the way down to the centre of the earth, and therefore an oil company trespasses by drilling diagonally deep under land without the land owner’s permission but that if an oil company trespasses by drilling deep under the surface it is liable to pay only nominal damages to the land owner.
8.00am – Registration and breakfast
8.30am – Presentation
10.00am – Networking & Close
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If you have any questions or would like further information regarding this or any of our other events please contact Chloe Atkinson by email on firstname.lastname@example.org