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ARTICLE · 13 OCTOBER 2026

Mineral Reservations And Your Development: Can Title Indemnity Insurance Help?

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Mineral reservations in Scottish property titles can significantly impact development projects, requiring careful consideration of ownership rights, legal remedies, and strategic decisions between negotiating with minerals owners or securing title indemnity insurance. Understanding these complexities early in the due diligence process is essential to avoid costly delays and ensure project viability.

United KingdomReal Estate and Construction
Elaine Kennedy-Walton
Elaine Kennedy-Walton
Amy Scott
Amy Scott
Keir Hendrie
Keir Hendrie

You have found the right site and are ready to move forward with your development. Then a title review reveals that someone else owns the minerals beneath the land.

Mineral reservations are a common feature of Scottish titles and can have significant implications for the viability of development projects. 

Understanding the issue early can help avoid delays, additional costs and unexpected risks later in the project.

What does a mineral reservation mean?

In Scotland, ownership of minerals can be separated from ownership of the surface land.

As a result, a developer may own the land itself but not own the minerals beneath it. These minerals may include sand, gravel, clay, coal or other commercially valuable materials.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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