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Rural

Register manorial rights or risk losing them

Q4 2012

Landowners must ensure their manorial interests, such as sporting and mineral rights, are protected through registration at the Land Registry or risk losing them, says land agency firm Strutt & Parker.

Landowners must ensure their manorial interests, such as sporting and mineral rights, are protected through registration at the Land Registry or risk losing them, says land agency firm Strutt & Parker.

Manorial rights and interests, or "overriding interests" as they are sometimes known, are at risk of being accidentally lost if they are not registered by midnight on October 12, 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 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.

John Hyslop, surveyor in Strutt & Parker's Morpeth 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."

He said that up 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.

Mr Hyslop 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 those landowners with overriding interests it is also important to understand the ramifications. Although it can be a time-consuming task to establish the existence of the rights and gather the paperwork necessary to register them, landowners benefiting from manorial rights that are not already registered should seek advice and take steps now to ensure they are notified and validated by the Land Registry."

For further information and advice please contact Strutt & Parker's Morpeth office on 01670 500870.