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Subsurface ownership and hydraulic fracturing in the UK: (probably) under my backyard

Jill Morgan

Journal of Business Law, Issue: 8, Pages: 634 - 648

Swansea University Author: Jill Morgan

Abstract

The article outlines the process involved in hydraulic fracturing for shale gas and considers the extent of surface landowners’ rights beneath their land, referring to the cuius est solum doctrine and the decision of the UK Supreme Court in Star Energy Onshore Ltd. v Bocardo SA (2011). The article g...

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Published in: Journal of Business Law
URI: https://cronfa.swan.ac.uk/Record/cronfa25964
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Abstract: The article outlines the process involved in hydraulic fracturing for shale gas and considers the extent of surface landowners’ rights beneath their land, referring to the cuius est solum doctrine and the decision of the UK Supreme Court in Star Energy Onshore Ltd. v Bocardo SA (2011). The article goes on to explore recent legislative developments aimed at facilitating shale gas exploration in the UK (particularly in England), i.e. the conferral of rights in respect of underground drilling access and changes in the law as regards notification to landowners of applications for planning permission in relation to certain underground operations.
Keywords: Energy, hydraulic fracturing, ownership of subsurface land, planning.
College: Faculty of Humanities and Social Sciences
Issue: 8
Start Page: 634
End Page: 648