There are a significant number of conveyances/transfers where the Authority (or its predecessors British Coal/National Coal Board) included in the sale of land interests in mining features such as coal tips, mineshafts, drifts/adits. In such cases, it was usual to include provisions requiring subsequent buyers/lessees to covenant directly with British Coal/National Coal Board to observe and perform the raft of covenants incorporated in the original sale document relevant to these mining features.
The benefit of such covenants passed to The Coal Authority by virtue of Restructuring Schemes made by the Secretary of State for Trade and Industry pursuant to powers under the Coal Industry Act 1994.
The covenants generally include provisions requiring the owner to join the Authority in as a party to each transfer (to take the benefit of the covenant given by the Transferee) and for the Authority to be provided with a properly executed duplicate of the Transfer/Lease (i.e. not a certified copy).
As an alternative, however, the Authority would be prepared to accept a certified copy of the Transfer/Lease but only in circumstances where the original of a separate Deed of Covenant in favour of the Coal Authority (executed by the Transferee/Lessee) has also been provided. There would be no requirement for the Authority to execute any such deed.
The covenant in favour of the Authority should be expressed as follows:-
“The [Transferee/Lessee] to the intent and so as to bind (so far as practicable) the [conveyed land] and any part or parts thereof respectively into whosesoever hands the same may come and to benefit and protect any mines and minerals in which The Coal Authority has any interest and which provide subjacent or lateral support for the [conveyed land] or any part or parts thereof hereby covenants with The Coal Authority that the Transferee will at all times hereafter perform and observe the restrictions and stipulations contained in [the Fourth Schedule to a Conveyance dated [here include the date and parties to the original sale by British Coal/National Coal Board/Coal Authority]]”.