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Old 12-01-2008, 08:44 PM   #1
classicman
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I mean if there is a concern, can the homeowner file after or while buying the property? Do you know if someone else already has the mineral rights when you buy it? How does all that work in Aussieland?
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Old 12-03-2008, 01:00 AM   #2
Aliantha
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Quote:
Originally Posted by classicman View Post
I mean if there is a concern, can the homeowner file after or while buying the property? Do you know if someone else already has the mineral rights when you buy it? How does all that work in Aussieland?
Generally if you're smart and have a good solicitor, they'll do searches which include checking on any mining claims on the land.

I'm not sure about this, but I also think the seller has a duty of disclosure to tell you of any such mining leases although now that i think about it, maybe not.
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Old 12-03-2008, 01:06 AM   #3
Aliantha
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Generally if you're smart and have a good solicitor, they'll do searches which include checking on any mining claims on the land.

I'm not sure about this, but I also think the seller has a duty of disclosure to tell you of any such mining leases although now that i think about it, maybe not.
Sorry to quote myself, but it made me think of a relevant situation here at the moment.

You may have heard of the 'Wildlife Warriors' run by the Irwin family.

Well, a few years ago, the government gave them a chunk of land on Cape York to do with as they pleased, only they forgot to mention that a company called 'Cape Alumina' held a mining lease over the land in question.

Now Terry Irwin is fighting tooth and nail to stop the mine from going ahead, but she's not going to be successful. She lost the first round. Now they have to appeal, and it's really not going to be worth it. It's only a short term mine which is proposed, and they've got the capital to go ahead. There's no way the government's going to knock it back.
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Old 12-03-2008, 05:14 AM   #4
Griff
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Wow, that sucks. A friend of mine was asking me why the State of Pennsylvania doesn't own the mineral rights under my place. He said it as a joke since he knows my... uh, tendency toward full property rights. The Irwin story is a unfortunate warning. There must be some kind of environmental push back coming?
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