Manorial Rights – Registration “You Snooze – You Lose”
What are they?
They are rights to hunt, shoot or fish, to hold fairs and markets but probably the most important one is ownership of minerals. Manorial rights which are linked to former copyhold manorial estates or enclosure awards are often ignored by practitioners and agents without specific expertise as they have been regarded as “historical” or “irrelevant”. Such an assumption may have been practical on some occasions but this is now a very dangerous view for anyone who may own Manorial Rights..
Up to now no action was needed to protect these rights but it will all change on 13 October 2013. If such interests are not registered by this date they will be lost.
Do You Have Valuable Rights?
Mineral rights are often owned separately from surface land. Key mineral assets include sand, gravel, stone, clay, fireclay and brickshale. However, the value to a mineral owner is not simply in the extraction of minerals but that the mineral owner can put in jeopardy a major surface development which extends beneath the surface into the minerals. In order to carry out the development the developer may have to do a deal with the mineral owner and pay him “some money”. Typical examples are landfill or coal sites or the construction of deep foundations for a wind turbine. Another valuable manorial right is the right to shoot on land.
The clock is ticking on owners of manorial rights.
Establishing ownership of minerals can be a cumbersome process involving the tracing of old deeds and manorial archives. Anyone who believes that they own manorial rights or would like assistance in registration must take expert advice and act with expedience as the deadline for registration which is 13 October 2013 is quickly approaching.
When it comes to protecting your interests the old adage remains the same “be prepared, be alive to the position, don’t snooze and don’t lose”.
If you would like further information in respect of this article or manorial rights or require advice to protect your position you should contact Tom Wills, Associate in the Real Estate Team at Sintons.
Tel: 0191 226 3796