Landowners are running out of time to ensure their manorial interests are protected through registration at the Land Registry, says land agency firm Strutt & Parker.

Manorial rights and interests, or “overriding interests” as they are sometimes known, include sporting and mineral rights or even the right to hold a fair or market on the land. They are likely to be lost if they are not registered by midnight on October 13, 2013; after this date they will lose their automatic protection and will no longer be legally binding.

The registration process, set by the Land Registration Act 2002, will contribute to a comprehensive register of all the land in England and Wales – who owns it and what rights do the owners or others have over it. It is hoped it will reduce uncertainty over the exact number and the extent of manorial rights in the country and to whom they belong.

Until now, overriding interests have not had to be registered but are still binding upon the owner of the land in question. It is currently possible to buy land subject to manorial rights about which buyers know nothing.

Matthew Hague, of the land management department in Strutt & Parker’s Ipswich office, said: “Legislation in the 1920s separated manorial rights from land ownership and this has often caused confusion. In addition, the rights can also be bought at auction or acquired by tenants when purchasing the freehold interest of land. Many are unaware they actually possess them.

“The rights can include land in and around villages and settlements, as well as sporting and mineral rights, which can be very lucrative and are therefore well worth protecting.

“Many of these rights will have been in existence for hundreds of years and their potential existence is time-consuming to research and verify; those who may be affected should start investigating now or risk losing out,” said Mr Hague.

“The principal concern here is the likelihood of estates losing title to rights which may prove valuable in the future. This is particularly relevant in the case of mineral rights or wind farms and other large scale developments where compensation may be payable.”

Additionally, individuals charged with responsibility for an estate, such as trustees, may become liable for the loss of manorial rights if they then come to light in the future, said Mr Hague. Trustees should be able to show that they have investigated the possibility that rights may exist.

He added: “The first a landowner might hear about it is a letter from the Land Registry informing them of someone else’s overriding interest on their land and their wish to have it put into the title deeds. It is important to note that these letters are not trying to establish new rights over land but rather seeking to formalise rights which already exist.”

For further information and advice please contact Strutt & Parker’s Ipswich office on 01473 214841.