Mines and minerals in Scotland—issues for developers


Produced in partnership with Kenneth S Gerber of Mitchells Roberton
Practice notes

Mines and minerals in Scotland—issues for developers


Produced in partnership with Kenneth S Gerber of Mitchells Roberton

Practice notes
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For a lawyer involved in acting for clients who acquire and work minerals the most important aspect of the law will be ownership of these minerals and the right to work them. From a general property lawyer's perspective however the main issues are whether or not separate ownership of minerals will result in any loss of support for the surface and any buildings thereon and whether compensation is payable for damage occasioned.

What are mines and minerals?

Mines

‘Mine’ is defined by section 180(2) of the Mines and Quarries Act 1954 (MQA 1954) as ‘an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of:

  1. •

    minerals (in their natural state or in solution or suspension), or

  2. •

    mineral products’

A mine includes so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or outlets of

Kenneth S Gerber
Kenneth S Gerber

Mitchells Roberton

Ken joined Mitchells Roberton in 2019. He was previously a partner for 12 years at Anderson Strathern, and before that he was a partner at Kidstons.

Ken handles landlord and tenant law, site assembly, property development, property financing, property purchase and sale and the property aspects of corporate transactions.

He is accredited by the Law Society of Scotland as a specialist in commercial leasing law. He regularly speaks on a range of commercial property subjects at conferences for MBL Seminars, as well as for other providers, and has presented online lectures for The Law Society of Scotland and University of Glasgow. Kenneth wrote the course on commercial conveyancing for the postgraduate Law Diploma at Glasgow University, and is senior tutor on that course. He also regularly provides specialist legal opinions to other firms on commercial lease matters.

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Jurisdiction(s):
United Kingdom

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