Enfranchisements

Contents

1. 1894 Copyhold Act
   1. Section 23

1894 Copyhold Act

Section 23

Some of the Enfranchisement Deeds enrolled at the Courts active in Deopham explicitly retain rights to mining and extraction of minerals etc. (see for example the James Oakley Deed of Enfranchisement here). Other deeds state that the enfranchisement is “including all rights reserved by Section 23 of the Copyhold Act 1894” (see for example the Stalland Farm enfranchisement here).

The full text of Section 23 of the Copyhold Act 1894 is as follows:

An enfranchisement under this Act shall not without the express consent in writing of the lord or tenant respectively affect the estate or right of the lord or tenant in or to any mines, minerals, limestone, lime, clay, stone, gravel, pits, or quarries whether in or under the land enfranchised or not, or any right of entry, right of way and search, or other easement of the lord or tenant in, on, through, over, or under any land, or any powers which in respect of property in the soil might but for the enfranchisement have been exercised for the purpose of enabling the lord or tenant, their or his agents, workmen, or assigns, more effectually to search for, win, and work any mines, minerals, pits; or quarries, or to remove and carry away any minerals, limestone, lime, stones, clay, gravel, or other substances had or gotten therefrom, or the rights, franchises, royalties, or privileges of the lord in respect of any fairs, markets, rights of chase or warren, piscaries, or other rights of hunting, shooting, fishing, fowling, or otherwise taking game, fish, or fowl.

Provided that the owner of the land so enfranchised shall, not-withstanding any reservation of mines or minerals in this Act or in the instrument of enfranchisement, but without prejudice to the rights to any mines or minerals, or the right to work or carry away the same, have full power to disturb or remove the soil so far as is necessary or convenient for the purpose of making roads or drains or erecting buildings or obtaining water on the land.