The Land Registration Rules 2003

Mines or minerals

Description of land where mines or minerals situated

70.—(1) This rule applies where—

(a) a registered estate in land includes any mines or minerals but there is no note in the register that the title to the registered estate includes the mines or minerals, and

(b) it is appropriate (for instance, because of a registrable disposition of part of the registered estate, or on a sub-division or amalgamation of a registered title) when describing the registered estate to do so by reference to the land where the mines or minerals are or may be situated.

(2) After the description required to be made in the property register under rule 5(a) the registrar may make an entry to the effect that the description is an entry made under that rule and is not a note that the registered estate includes the mines or minerals to which paragraph 2 of Schedule 8 to the Act refers.

Note as to inclusion of mines or minerals in the registered estate

71.—(1) This rule applies where a registered estate includes any mines or minerals but there is no note in the register to that effect and the registered proprietor of the registered estate applies for a note to be entered that the registered estate includes the mines or minerals or specified mines or minerals.

(2) An application for the entry of the note must be accompanied by evidence to satisfy the registrar that the mines or minerals were vested in the applicant for first registration of the registered estate at the time of first registration and were so vested in the same capacity as the remainder of the estate in land then sought to be registered.

(3) If the registrar is satisfied that mines or minerals were so vested in that applicant he must enter the appropriate note.