In most, if not all sales of land and property by British Coal Corporation/National Coal Board prior to 1994, the conveyance reserved in favour of the granter the ownership of all mines, beds and seams of coal and other minerals in or under the property, with the right to search for, win, work, and carry away by underground operations the 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 property, and to lower the surface and any building, structure or works at any time on the property, without any obligation to leave subjacent or lateral support for the 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 property at any time
Any property owner 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 statutory 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.
It is common in Scotland for the granter of a conveyance to reserve the ownership of minerals and the right to work them. It is often difficult to identify who is the current owner of the non-coal minerals.
The terms of a minerals reservation clause may not only deal with the minerals but may also create burdens (title conditions) affecting the minerals title, which are rights in favour of the owner of the surface; for example, restrictions on how the minerals are worked, compensation for damage to the surface, obligations of support etc. Similarly the minerals reservation clause may create burdens on the surface property, which are rights in favour of the mineral owner; for example, rights to sink shafts erect pithead gear, reduce the level of the ground, etc.