In recent months we have blogged about some high profile topics which have received a great deal of national and local interest. Mines and Minerals, Chancel Repair and Manorial Rights are being regularly referred to when not too many years ago many people would perhaps never had heard of or even considered them. They are in many ways linked and you can read our blogs and/or our Public Guide 25 to see how and for more information.
They have always affected some land and property owners but until 2002 they were very difficult to find out about as they were not actually recorded on the register and they were often referred to as ‘overriding interests’ although others have described them as ‘relics from past times’. The 2002 Land Registration Act says some of these rights might be lost on a future sale if they were not already protected in the register by October 2013. As such those claiming the benefit of such rights have, over the last few months and years been seeking to have them registered.
Mines and minerals - in many parts of England and Wales it is fairly common that one person will own the surface of the land but someone else will own the land below the surface. This land below the surface is usually called ‘mines and minerals’. Read our previous blog
Chancel repairs – a chancel repair liability is the requirement for an owner of land to pay for the repair of the chancel (the part of the church containing the altar and the choir) of an Anglican parish church. Historically the local rector and then the Monasteries owned this land together with the responsibility for paying for the repair of the chancel but when Henry Vlll sold the monasteries’ land, the liability to pay for the repair of the chancel remained with the land sold. Read our previous blog
Manorial rights – these are rights that were retained by the lord of the manor such as rights to hunt, shoot or fish. They can also include rights relating to mines and minerals. Read our previous blog.