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cityguru, Solicitor
Category: Property Law
Satisfied Customers: 13329
Experience:  solicitor
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There is a farm which was sold by a large land owner to the

Customer Question

there is a farm which was sold by a large land owner to the incumbent farmer. the former retained the mineral extraction rights. planning permission has been obtained for the erection of two wind turbines on the farm. the former land owner is saying that the wind turbines project cannot go ahead because of their ownership of the mineral extraction rights. could that be the case?
Submitted: 2 years ago.
Category: Property Law
Expert:  cityguru replied 2 years ago.
Hi thanks for your question. It seems unlikely that a reservation of the mineral rights under the land would prevent the erection of wind turbines. However to be certain you would need to read the precise wording of the reserved rights and covenants contained in the conveyance of the land. Such reservations would normally be shown in the title registered at the land registry.