Exception and reservation of coal and other minerals with associated rights to work those minerals by underground operations only
In most, if not all sales of land and property by British Coal Corporation/National Coal Board prior to 1994, there was included an exception and reservation in a form similar to the following:-
“All interests of British Coal/National Coal Board in any mines, beds and seams of coal and other minerals in or under [the conveyed land] together with all necessary rights powers and easements for searching, for winning, working, getting and carrying away by underground operations only the said coal and other minerals and any other coal or other minerals in which British Coal/National Coal Board has an interest including the right to drive occupy and use roadways and other works in the strata under or adjacent to the [conveyed land] and the right to let down the surface of the [conveyed land] and any building structure or works now or hereafter erected, constructed, placed or laid on or in the [conveyed land] without any obligation to leave subjacent or lateral support for the [conveyed land] or any such building, structure or works and without liability (except as provided by the Coal Mining (Subsidence) Act 1957) to make good or pay compensation for any damage or loss whatsoever caused directly or indirectly by or in consequence of any mining operations under or adjacent to the [conveyed land] carried out by British Coal/National Coal Board or by any other person whether before or on or after the date of this Conveyance”.
There are no circumstances in which The Coal Authority (as successor to British Coal/National Coal Board) would release such rights. Any landowner whose land is affected by similar provisions should obtain and examine a mining report to establish the likelihood of underground mining taking place under his property in the future. It should be noted however that the right to claim compensation for damage caused to the surface by coal mining operations is now included in the Coal Mining (Subsidence) Act 1991.
In a limited number of cases, land was sold by British Coal/National Coal Board subject to similar terms but purporting to exclude remedies which would otherwise be available under the 1957 Act. The land sold subject to such provisions was generally considered to be more susceptible to coal mining subsidence due to the presence of either mining features (mine shafts, drifts/adits) or due to known or suspected shallow coal workings. Land owners should take such matters into consideration prior to carrying out any works on such land.