Partner Article

Know your manorial rights

Recently, there has been a considerable amount of national press coverage given to the issue of landowners “laying claim” to ancient manorial rights, which now affect property owned by others. Although these rights can include the likes of Sporting Rights, one of the most common and perhaps the most contentious are Mineral Rights.

The media, assisted by some mischievous activists, have put two and two together and come up with a dastardly plot whereby the surge in applications to register rights has been triggered by a rush to extract shale gas from beneath the properties of the innocent and unsuspecting. In so doing causing earth tremors, property destruction, taps to act like Bunsen burners and goodness knows what other hell and damnation, if you believe all the reports.

I suppose that there is some truth in the reporting, in so much that the Manorial Rights could very well impact on shale gas extraction. Although the gas itself belongs to the Crown, the process of extracting the gas may no doubt disturb any minerals in existence. Thus the owner of those rights may be due some remuneration, or could attempt to block the extraction if so preferred.

However, the surge in registration was brought on entirely by the October deadline for registering Manorial Rights, after which it is possible that they can be lost. It did prove once again how people so love to react to a deadline and leave everything to the last minute. The deadline was introduced by the Land Registry Act of 2002!

While the majority of these registrations will simply be recording rights that have been held for centuries, there will no doubt be some registrations which are contentious or even down right spurious. If you have received a Unilateral Notice from the Land Registry claiming rights on, under or over your land but which you feel that you own, then all is not lost.

The claim can be challenged by completing and submitting a UN4 form available from the Land Registry. Lodging such a form shifts the emphasis on the Lord of the Manor to prove their case and provide evidence of ownership. The manorial applicant then needs to decide firstly whether he can prove the existence of the rights and secondly whether he is minded to pursue registration against your land. If proof is provided and the landowner does not accept the position a Land Registry decision will be required. However, in a number of instances applicants have not pursued rights against certain properties or may be unable to provide proof due to lack of evidence and/or resource.

If anyone has received a letter and is concerned or wants to know more I am happy to discuss the process in person. Remember, know your rights! Inaction now may lead to a costly unforeseen outcome later.

Tom Wills is a solicitor specialising in Agricultural Law & Estates at Sintons, with specific expertise in freehold minerals and manorial rights. He can be contacted on 0191 226 3796 or via tom.wills@sintons.co.uk

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