The legal position on ownership / right to mine probably varies in different
parts of the UK.
In the forest of Dean the freeminers still (try to) claim the right to mine
without paying anything (call it tax, tithe, royalty or whatever - its
probably a different word) to the Coal Authority for the coal mined in their
small coal mines. Also, a few years ago, the Coal Authority tried
(unsuccessfully I believe) to get the freeminers to pay for a licence for
their mine(s).
The system of 'gales' is in operation (I believe its similar in the Peak
District lead mining area). In the FoD, a miner has to buy the right to mine
a 'gale', that is defined (on a map?) with documented entrances and also
defines the seam(s) being worked. It is therefore quite possible (as the
gales follow the angle of the seams) for one freeminer to be working a gale
vertically above (or below) another, so the surface land area ownership is
not relevant presumably.
This is all a gross over-simplification of the situation, I am sure, but I
hope its fairly accurate. If not then please will someone correct it!
Atb
Roger
----- Original Message -----
From: "Pete Mason" <[log in to unmask]>
To: <[log in to unmask]>
Sent: 14 February 2003 10:17
Subject: Ownership
> Ladies and Gentlemen, a question from someone interested in, but not
> involved in the mining industry.What right in law allows a mine to be
> driven under other properties? Does the same legislation cover drift as
> well as deep mines? If that mine is subsequently abandoned does ownership
> of it revert to the owner(s) above and would they therefore assume
> liability for maintenance or repairs through subsidence etc?If the mine
> passed under several properties would each own the section below their
> property? This arose from a discussion where the following points were
> argued- (1)ownership of a mine/tunnel is that of the owner of the land
> where the entrance is(2) a freeholder owns above and below his propery "to
> the top of the sky and the centre of the earth" Thanks Pete
>
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