An elderly couple are trapped in their home because a mining company wants £100,000 to give up its claim on the land.

Edward and Jill Day were unaware the deeds to their property, which date back to the Fifties, allow British Gypsum to bore for minerals beneath their £675,000 converted farmhouse.

The information came to light only when they agreed to sell in the summer and as a result their buyer pulled out.

Before the deal fell through, Mr Day, 77, a semi-retired farmer, tried in vain to get the mining company to tear up the covenant.

He said planning officers have told him British Gypsum will never be allowed to drill because the property, near Brightling, Robertsbridge, is in an area of Outstanding Natural Beauty but the company is refusing to budge without payment.

Mr Day said: "I thought this was despicable. We never even managed to get them to negotiate.

"I am very angry about the company trying to get money out of this property that they haven't earned."

Mr and Mrs Day, 70, bought the four-bedroom house in 1982 and were in such a rush to get the deal through that they did not examine all the fine print.

"It was love at first sight," added Mr Day, who helps part time with his son Philip's publishing company. "The property is on a lovely little ridge and has superb views.

"But there was a contract race with three people bidding the same amount so the estate agent said the first one in his office on Monday morning with the deposit would get it. I had no time for a proper search."

A spokesman for British Gypsum said the company's £100,000 offer was reasonable and was needed "to protect their original investment".

He added: "While it is not our intention at present to proceed with any works in the area, we have the necessary planning consents to undertake exploration on the land if we wish to do so and also have the necessary permissions to carry out any mining works.

"It is unfortunate that Mr Day purchased the property in haste without a proper search, as the rights retained would have been discovered as part of the normal conveyance procedure.

"While we have no wish to inconvenience any sale we must protect the value of our original investment in purchasing the mineral rights. For this reason we have been in talks with Mr Day and have suggested a sum which we believe from past experience to be a reasonable reflection of our lost business opportunity."

Mr Day is determined to put the property back on the market next spring.

He said: "I am going to be straightforward with potential buyers. I feel very strongly and I'm not going to be railroaded into paying British Gypsum anything."

Wednesday September 10, 2003