Manorial Rights, Mines and Minerals Risk in Renewable Energy Projects:

The Growing Role of Insurance

Bisma Halling, Client Executive, IREDD, July 2026

 

Manorial Rights, Mines and Minerals Risk in Renewable Energy Projects: The Growing Role of Insurance

As investment in renewable energy continues to accelerate across the UK, developers are increasingly focused on securing suitable land for solar farms, battery energy storage systems (BESS), wind energy projects and associated infrastructure. However, alongside planning, grid connection and environmental considerations, a lesser-known title issue is attracting growing attention: historic mines and minerals ownership and, in some cases, associated manorial rights.

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Manorial rights and mineral ownership: a common confusion

While the terms are often used together, manorial rights and mines and minerals ownership are not the same thing[1].

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Manorial rights are historic interests that may have been retained by Lords of the Manor and, in certain circumstances, can include rights to mines and minerals beneath land. However, mineral interests may also have been severed from the surface title through historic conveyances, legislation, local custom or other legal mechanisms. Examples include coal interests vested in the Coal Authority (now operating as the Mining Remediation Authority) and precious metals such as gold and silver that generally belong to the Crown. As a result, liability and risk can arise from a variety of historic sources, not solely from manorial rights.

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Why it matters for renewable developers

For renewable energy developers, the issue arises where a third party claims ownership of minerals beneath a proposed development site. Whether constructing windfarms, solar arrays, battery storage facilities, substations, access roads or cable routes, development frequently requires excavation, piling, foundations, trenching and other intrusive works below the surface. If those activities interfere with third-party mineral interests, developers may face objections, legal challenges, project delays or demands for compensation.

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A risk that isn't always visible on the title

Importantly, these rights are not always readily identifiable. While the Land Registration Act 2002 reforms improved transparency in relation to some historic interests and prompted registration of certain manorial rights before the October 2013 deadline[2], many severed mineral interests remain capable of existing independently of the surface title[3].

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Historic mineral reservations contained in old conveyances can continue to affect land ownership and, in some circumstances, may not be apparent from a standard title review alone. Accordingly, developers, landowners, funders and advisers should be cautious about assuming that Land Registry records provide a complete picture of subsurface ownership[4].

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What the courts are telling us

The courts have continued to grapple with the complex question of what constitutes a mineral interest and the extent of historic reservations. In Wynne-Finch v Natural Resources Body for Wales, the Court of Appeal confirmed that the meaning of "minerals" depends heavily on the wording of the original reservation and the context in which it was created[5]. The court endorsed the principle that minerals are generally substances that are exceptional in use, value and character, rather than the ordinary rock of the district[6]. As a result, a claimed mineral reservation may not always be as extensive as a third party contends.

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More recently, the High Court's decision in Cleveland Potash Ltd v Drummond highlighted the continuing relevance of historic mines and minerals reservations. The court was required to interpret wording dating back to the 1940s and determine whether a reservation of "ironstone and iron ore and other metals" extended to potash and rock salt[7]. The judgment reinforced the fact that the construction of mineral reservations remains highly fact-specific and dependent upon historical context, language and evidence of commercial understanding at the time the reservation was created[8].

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These cases illustrate an important point for developers. Historic mineral reservations are not always straightforward, and disputes often centre not only on who owns the relevant rights but also on precisely what substances were reserved and what rights accompany that ownership. Whilst legal arguments may ultimately defeat an adverse claim, the uncertainty, professional costs and delay associated with resolving those questions can be significant.

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Why timing has never carried more value

Against the backdrop of the UK's Clean Power 2030 agenda and continuing reforms designed to accelerate renewable energy deployment, these risks are becoming more commercially significant. Government policy is increasingly focused on delivering critical energy infrastructure at pace[9], while the Planning and Infrastructure Act 2025 and wider network reforms seek to remove barriers to development. At the same time, National Energy System Operator (NESO) Gate 2 grid connection reforms have fundamentally altered the commercial landscape by prioritising projects that are both "ready" and strategically aligned with national energy objectives[10].

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The practical consequence is that project timing now carries greater value than ever before. In December 2025, NESO confirmed a new pipeline comprising 283GW of generation and storage capacity selected for progression through the reformed connections process[11], following a substantial overhaul of the grid connection queue. Projects that secure and retain favourable connection positions may therefore have materially enhanced value, whilst delays can have a direct impact on funding, project economics and investment returns.

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Against this backdrop, a title issue affecting ground investigations, construction activities or project commencement can have consequences extending far beyond legal costs alone. A dispute concerning mines and minerals ownership may jeopardise contractual milestones, increase development expenditure, affect financing arrangements or impact the value of a project's grid position. What might once have been viewed as a technical title concern can therefore become a material commercial risk.

 

The "new rights of light"?

Recent industry commentary has highlighted an increase in disputes relating to mines and minerals ownership, with some advisers describing such claims as the "new rights of light[12]" because of their growing capacity to disrupt development projects. In particular, concern has been raised about situations where mineral owners seek payments in exchange for releasing rights or permitting works to proceed, creating what is often described as a "subterranean ransom" scenario[13]. The issue has also attracted media attention.

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In 2025, the Lordship of the Manor of Barnsley and associated mineral rights were offered for sale, with commentary noting that a significant proportion of the asset's value lay in the potential influence that those rights could exert over future development activity. The sale provided a timely reminder that historic mineral interests can still possess very real commercial value in a modern development context.

How the insurance market is responding

 

As a result, the insurance market has developed increasingly sophisticated title indemnity solutions designed to protect against losses arising from adverse mines and minerals claims and related historic property interests. Depending on the insurer and policy wording, cover may be available for legal costs, settlement payments, diminution in value and certain losses arising from project delay.

 

For renewable energy developments, bespoke policies can also be structured to address abortive expenditure, relocation costs, financing concerns, delay-related losses and business interruption exposures where a challenge threatens project delivery.

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Keeping projects moving

By transferring certain financial risks to an insurer, developers, landowners, funders and investors may be able to manage potential exposures more effectively. In an increasingly competitive renewable energy market, where project timelines, grid connection opportunities and investment milestones are closely linked, specialist mines and minerals and manorial rights insurance can play an important role in unlocking development opportunities that might otherwise be constrained by historic title uncertainty.

The availability, scope and terms of insurance cover will vary between insurers and individual circumstances. Professional legal and insurance advice should be obtained before relying on any insurance solution.

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If you or your clients are involved in a renewable energy project and have concerns regarding historic manorial rights, mines and minerals ownership or wider title risks, please do get in touch to discuss how an insurance-backed solution may help manage the financial impact of title-related risks that could affect project timelines.

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Sources

[1] HM Land Registry, Practice Guide 22: Manors. [gov.uk]

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[2] House of Commons Library, Registration of Manorial Rights, confirming that rights previously capable of overriding registered titles required protection before 13 October 2013. [researchbr...liament.uk], [commonslib...liament.uk]

 

[3] HM Land Registry, Historical Rights – confirms that ownership of the surface and ownership of mines and minerals can be held separately. [gov.uk]

 

[4] Brown Jacobson, commentary on Wynne-Finch v Natural Resources Body for Wales noting the need to review historic reservation documents rather than relying solely on current title entries. [brownejacobson.com]

 

[5] Wynne-Finch v Natural Resources Body for Wales [2021] EWCA Civ 1473 (Court of Appeal). [judiciary.uk]

 

[6] RICS Land Journal analysis of Wynne-Finch. [ww3.rics.org]

 

[7] Cleveland Potash Ltd v Drummond [2024] EWHC 1292 (Ch). [vlex.co.uk], [casemine.com]

 

[8] Eversheds Sutherland commentary. [eversheds-...erland.com]

 

[9] UK Government, Guide to the Planning and Infrastructure Bill. [gov.uk]

 

[10] NESO, Further Connections Methodologies Update (December 2025). [neso.energy]

 

[11] NESO reform announcement as reported by industry sources. [renewablesnow.com], [energicoast.co.uk]

 

[12]  Mines and Minerals: Hidden Risks to Developments – Thomson Snell

[13] RICS discussion of trespass damages and hypothetical negotiation/ransom-style payments arising from interference with mineral ownership. [ww3.rics.org]