Coal-mining and other issues affecting Conveyancing in Rotherham

When carrying out Conveyancing in Rotherham, Solicitors commonly find that property titles contain a note that mines and minerals have been excluded from the registration. Rotherham lies on coal measures, and coal has been mined in the area since early times.

Conveyancing Solicitors therefore usually request a coal-mining search when doing Conveyancing in Rotherham, as a precaution for house-buyers. Searches are carried out from records and plans of known mining operations, and will indicate if a building has been or is likely to be affected by subsidence from any previous mine-workings.

Rotherham, in common with many older industrial towns and cities, has seen the redevelopment and conversion of old buildings to provide modern residential dwellings, often in conjunction with retail and commercial units. Conveyancing Solicitors recommended by Fridaysmove act for many buyers of properties in such developments and will provide expert assistance with all aspects of Conveyancing in Rotherham.

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They will need to check that leases of such flats contain all necessary legal rights and that there are satisfactory management arrangements in place to ensure that the development is properly managed for the benefit of tenants.

Local Conveyancing searches on properties in the area are sent to Rotherham Metropolitan Borough Council, Planning & Regeneration Service, Bailey House, Rawmarsh Road, Rotherham S60 1TD. Tel: 01709 823890.

The council will provide information from its records on various matters affecting the property, such as planning, proposed major road and railway schemes, nearby traffic schemes and parking restrictions, and local financial charges registered against a property. Such charges include various grants which might have been made to the owner and which will have to be repaid on completion.

Before the coal industry was nationalised it was common for the coal and other minerals in the land to be excluded from sales when land in Rotherham sold land for housing. Owners would then grant leases to mining companies to work the coal. These provisions are still recorded in land registry property titles, notwithstanding that coal is no longer privately owned.

A typical entry from a registered title on Rotherham property:

“There are excluded from this registration the mines and minerals excepted by the Conveyance dated 7 November 1928 referred to in the Charges Register in the following terms and the land is also subject to the following ancillary powers of working:-

EXCEPT out of the assurance thereby made all beds of coal and other mines minerals and mineral substances whatsoever lying within and under the hereditaments thereby conveyed with liberty for the Vendors and persons deriving title under them or their predecessors in title to work get and remove the whole of such beds of coal and minerals and mineral substances and also by means of the roads or ways therein or in the strata above or below the same to work get remove and carry away any beds of coal mines and minerals within or under any other lands without leaving or providing any vertical or lateral support for the hereditaments thereby conveyed or any buildings then or thereafter to be erected thereon and without any liability for any damage by subsidence or the surface or otherwise to the hereditaments thereby conveyed or any building then or thereafter to be erected thereon that might have been or that might thereafter be caused by or be consequent on any past or future working getting or removal of the said beds of coal and other mines minerals and mineral substances but so that the person thereafter working getting and removing all or any of the said excepted mines minerals and mineral substances within the depth of 120 feet below the surface of the hereditaments thereby conveyed should pay fair and reasonable compensation for any damage that might be caused to any building or erection for the time being on the surface of the hereditaments thereby conveyed by reason of the working getting and removal of the said mines minerals and mineral substance within the depth of 120 feet below the said surface PROVISO that the Conveyance thereby made was subject to the excavation working and removal of minerals before the date of abstracting deed and to any subsidence or injury of or to the hereditaments thereby conveyed which had been or might thereafter be caused by or be consequent upon such excavation working or removal And was subject to a Mining Lease dated the 1st January 1923 and made between the late Earl of Effingham of the one part and Newton Chambers and Company Limited of the other part whereby the Earl granted to Newton Chambers and Company Limited the seams of coal capable of being worked and gotten under the hereditaments thereby conveyed and under other lands with ancillary rights; and it was thereby declared that the Vendors should at all times be solely entitled to the benefit of all rents royalties covenants and agreements payable and performable by the Mining Lessees in respect of the said seams of coal underground.

NOTE: No copy of the Mining Lease dated 1 January 1913 was produced on first registration. "

In many cases, restrictions such as these are little more than a historical curiosity, but it nevertheless pays to instruct a qualified and experienced Conveyancing Solicitor. Not every old covenant, right or restriction is defunct, as the recent boom in chancel repair searches has demonstrated.

Get an online quote for your Conveyancing Solicitor in Rotherham, or call us on 0330 660 0286 if you require advice for your home move.