Agriculture & Rural Property

Thomson Snell & Passmore advise on the protection from mining rights in potential development on farmland

We acted for a client who purchased neighbouring farmland but wanted to protect themselves from any development that might take place on that land, in particular mining rights.

Part of the land had a separate minerals title registered at the Land Registry, but the sellers also wanted a restriction on the passing title to ensure that any future development or mining would attract an overage payment due to the seller. The title was complicated by access rights, and it was necessary to obtain a deferral notice from HMRC as to the Stamp Duty Land Tax (SDLT) that might have become payable on future overage payments.

The matter illustrated the diversity of land interests and titles that can occur as well as SDLT issues. Sue demonstrated the expertise and knowledge that is required to know how to deal with complex issues faced above.

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