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24 February 2014


Will the new proposed “Fracking Law” – blog by Mike Charlesworth

Posted by: Tom Simpson

Will the new proposed “Fracking Law” being considered by Government interfere with your rights?

The changes propose to make it easier for companies to explore for shale gas and to avoid expenses if the landowner refuses to give permission.

Currently the homeowners permission is needed before any drilling is carried out even though this is one mile below the surface otherwise a trespass occurs. A disgruntled homeowner can apply for an injunction to stop the drilling or for nominal compensation for interference as clearly drilling a mile underground is unlikely to really interfere with the ownership or enjoyment of the land.

The changes being considered could create a statutory exception allowing energy companies to trespass on land with impunity.

Fracking is clearly a “hot topic” so watch this space


Tom Simpson - Head of Residential Conveyancing

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