It was recently reported in the Telegraph Newspaper that Residents across England have started receiving letters from the Land Registry, informing them that the Church is seeking to register the mineral rights to the earth beneath their property.
A surge in registrations to the Land Registry of such rights have prompted fears that the Church, and possibly other parties will seek to cash in on fracking.
Mineral Rights are rights to a piece of land and to the minerals that lie underneath it. These rights may and often are owned by people who do not own the land above.
Recent changes in the Law as a result of the Land Registration Act 2002 set a deadline of 13th
October 2013 for registering such historic interests.
However, mines and minerals can still be registered in their own right if an applicant has sufficient evidence to support a separate title to those mines and minerals being granted.
So what does this mean for the landowner?
A new owner who buys the land or property after 12 October 2013 may potentially buy it free of these interests if they weren’t protected prior to the sale but until the property is sold any rights that exist continue indefinitely and an application can still be made to protect them. 1
It is important that if you are purchasing a property which is or may be subject to such rights you are informed as to the impact they may have in the future for example if there is a potential for development.
At Hanne and Co we can assist you with how you may be able to investigate such rights which may be attached to your property.
1 Land Registry Guidence
