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Sub-stratum valuations

What Are Sub-Stratum Rights?

  • Sub-stratum rights pertain to the ownership or use of land below the surface level, separate from surface or air rights.
  • These rights are typically utilised for underground developments like:
  • Tunnels (e.g., subways or roadways).
  • Basements in commercial or residential properties.
  • Mining operations.
  • Underground utilities or storage facilities.
  • Sub-stratum rights can be leased, sold, or assigned independently of surface property rights.
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Importance of Sub-Stratum Valuations

Infrastructure Projects

Valuations help determine fair compensation when underground space is acquired for public projects like rail systems, pipelines, or utilities.

Dispute Resolution

Used in legal disputes between surface landowners and parties utilising sub-stratum space.

Urban Development

Supports planning and investment in underground parking, retail spaces, or storage facilities.

Property Transactions

Determines the fair market value of subterranean rights during sales, leases, or transfers.

Legal and Regulatory Considerations

  • Ownership of Sub-Stratum Space: In many jurisdictions, the ownership of subterranean rights is tied to the surface property unless explicitly separated by law or contract.
  • Compulsory Acquisition: Governments may acquire sub-stratum rights for public purposes (e.g., transportation or utilities) and require valuations to determine compensation.
  • Easements and Licenses: Sub-stratum spaces may be subject to easements, licenses, or other agreements that impact their valuation.
  • Environmental Regulations: Restrictions on resource extraction or underground developments can affect value.

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We are committed to providing professional and accurate valuations to support your legal objectives. Let us help you navigate your legal challenges with confidence. Contact us today to schedule your consultation!

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