in a deed even where the granter has no title to the minerals. It is, therefore, often extremely difficult to discover where the title to minerals lies. Where the titles are silent as regards minerals the title sheet also will be silent, and there will be no indemnity in respect of minerals. Where there is a reservation of minerals the reservation will be disclosed on the title sheet in the manner described below. It is not unknown for a mineral reservation to be followed by an express inclusion of minerals in a subsequent deed. That subsequent deed may serve as a foundation for prescription to the minerals and  the  Keeper  may  in  such  a  case  insert  both  a  mineral  reservation  and  an  express  inclusion  of minerals followed by an exclusion of indemnity in the title sheet. Note, however, that the 1994 Act prevents prescription operating against the right of the British Coal Corporation or the Coal Authority, although a purchaser from either body is not so protected and nor is the Keeper. In order to prevent misunderstanding,  therefore,  the  Keeper  will  add  a  note  along  the  lines  of  the  following  to  the property section of title sheets which either relate to minerals or include minerals in terms which may be construed as implying that coal may be included and there has been no grant by the Coal Authority to confirm that interpretation: ‘Note: Notwithstanding any other terms of this title, no interest in coal or allied minerals is included in the subjects in this title.’ Inclusion of minerals in title sheet 6.92 A proprietor whose title is silent as regards minerals, but who nonetheless considers he owns them, may be dissatisfied with a title which does not give a fully indemnified title to minerals, and ask the Keeper to expressly include them. An application may also be received for registration of a title to minerals alone. On some occasions a deed submitted as part of an application may contain an express inclusion of minerals qualified by a phrase such as ‘so far as vested in us’ or ‘so far as we have right thereto’. In this situation the Keeper will usually omit the minerals from the title sheet unless it can be demonstrated  from  the  progress  of  deeds  submitted  with  the  application  that  the  minerals  have carried. Where this is clear the Keeper will further expect evidence of possession of the mineral interest otherwise  it  is  likely  there  will  be  an  exclusion  from  indemnity  expressed  in  the  title  sheet  in appropriate terms. Exclusion of indemnity 6.93 Where the title sheet is silent about minerals there is no guarantee that the minerals are included in the title. It follows that there can be no indemnity for loss in respect of an interest in mines and minerals  where  the  title  sheet  does  not  expressly  disclose  that  such  an  interest  is  included  in  the registered interest in land. There is statutory provision for this exclusion at section 12(3)(f) of the Act. The Keeper is also empowered by section 12(2), on registration of an interest in land, to exclude, in whole or in part, any right to indemnity in respect of anything appearing in, or omitted from, the title sheet. This power is frequently used in relation to the failure by applicants to provide the Keeper with sufficient evidence to demonstrate title to, and possession of, the minerals for the prescriptive period. Evidence of possession would normally include evidence that the minerals had been worked during the relevant period or take the form of a court declarator. As regards the former, the existence of a mineral lease has been accepted as sufficient evidence as have documents produced that point quite clearly to the ongoing working of minerals. The Keeper is not prescriptive about the evidence that he will accept in order for a fully indemnified mineral title to be granted. In the event that it cannot be

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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