Minerals

Minerals

Graham Property Consultantswww.gpc-ltd.co.uk assist our Estate with our Mineral and Manorial Rights.

GPC specialise in the provision of consultancy services and as agents in the management of severed and reserved mineral and manorial interests.  They provide estate wide management and individual advice nationally on commercial revenue and capital generating opportunities arising from manorial and severed estates and interests.

Historical Research and First registration:
Their team of historical researchers can explore archives and National Record offices to evidence title suitable for First Registration.  They can support applications to Land Registry with GIS based mapping and procure the necessary legal expertise.

Frequently Asked Questions

Please Note:- These FAQs are intended only for information and do not constitute legal advice, nor are they intended to cover all aspects of the Lonsdale Settled Estate (“LSE”) or its registration exercises. If you are in any doubt as to any course of action or any correspondence you have received then please consult your own solicitor. The contents of these FAQs does not bind the Lonsdale Settled Estate in any way or to any course of action or otherwise but do represent a true statement of the LSE’s position as at 1 May 2015

These FAQs have been prepared by us, Bond Dickinson LLP, a firm of solicitors acting on behalf of the LSE. These FAQs have not been prepared by Land Registry, nor does Land Registry endorse them in any way. Land Registry has agreed to send these FAQs to you at our request, in order to provide you with additional information only.

Q:- What is the Lonsdale Settled Estate?

A:- The Lonsdale Settled Estate (“LSE”) is a private settlement established under the provisions of the Settled Land Act 1925. The LSE has the benefit of many manorial rights and interests and owns land, minerals, sporting rights and other assets, mainly in Cumbria. The present owner is the Eighth Earl of Lonsdale, although the Estate’s property is currently held by the Executors of his father, the late Seventh Earl of Lonsdale. Reference to the LSE in these FAQs also includes its predecessors in title.

Q:- Why is the LSE registering manorial and mineral rights?

A:- The Land Registration Act 2002 changed the law relating to manorial rights and interests so that their legally protected status is lost after October 2013, unless owners seek to register or otherwise protect them at Land Registry. Manorial rights and interests include (amongst others) mineral rights, sporting rights and market rights. The LSE owns a large number of manorial titles and is simply reacting to this change in the law in order to protect its assets.

At the same time, the LSE is identifying interests which it retained on previous sales of land to third parties (such retained rights can also include mineral rights and sporting rights) and rights reserved to the LSE through Inclosure Acts and Awards.

Q:- What does the registration process entail?

A:- The LSE has engaged professional researchers to investigate and report upon all of its manorial interests, on a manor by manor basis. This involves the researchers visiting local records offices and obtaining information from the National Archives as well as the LSE’s own extensive records. Several weeks of research are devoted to each report.

When reports are concluded, any interests identified are professionally mapped using cutting-edge digital mapping technology and then the report and plans are sent to the LSE’s solicitors for review and for ownership to be confirmed. After review by the solicitors, an application is made to Land Registry for the registration and protection of the identified interests.

Q:- Why have I received a Notice from Land Registry?

A:- The LSE’s applications to Land Registry will often affect surface land titles owned by third parties, whether the application relates to manorial rights or reserved rights. Where your own title is registered at Land Registry, they may decide that they need to make you aware of the LSE’s

application because it may affect your title. There are two types of initial Notice you may have received, depending on the type of application the Estate has made:-

If you have received a Form B25 Notice

This relates to an application by the LSE to substantively register the mines and minerals beneath your property and / or the sporting rights exercisable over it. These interests may have arisen because they were reserved to the LSE on the private enfranchisement of land (ie an agreement between the Lord of the Manor and a copyhold tenant for the tenant to buy the Lord of the Manor’s freehold title) or on the “inclosure” of the land (ie common land belonging to the Lord of the Manor was taken and allocated to other landowners, but mines and minerals and sporting rights were often reserved to the Lord of the Manor).

You have received this Notice because Land Registry wishes to advise you that the LSE is claiming rights and it may not already be apparent from your title register that these rights do not belong to you.

Having received a Form B25 Notice, if you are in any doubt as to any action you need to take you ought to consult your own solicitor.

If you have received a Form B133 Notice

This relates to an application by the LSE to enter a Unilateral Notice on the title to your property. This is one of the ways that owners of manorial rights and interests can protect them from the change in the law (see section 117 of the Land Registration Act 2002). If the LSE’s research suggests your property was formerly copyhold of the manor in question, then the LSE may apply for a Unilateral Notice to protect the rights reserved to the Lord of the Manor when your land was “enfranchised” (ie upgraded from copyhold of the manor to absolute freehold), most likely under the terms of the Law of Property Act 1922.

You have received this Notice because Land Registry is obliged to inform you that they have added the Unilateral Notice to your title register.

Having received a Form B133 Notice, if you are in any doubt as to any action you need to take you ought to consult your own solicitor.

Q:- Is the registration exercise a prelude to minerals extraction under my property?

A:- Whilst the LSE owns the minerals beneath large areas of land, there are many other constraints on extracting minerals, such as the need for planning permission and environmental issues. Whilst the LSE is not prepared to say extraction will never be considered, we can reiterate that the reason for the registration exercise is simply as a reaction to a change in the law, not as a prelude to mineral extraction. In any event, the LSE is only registering or otherwise protecting assets it already owns, and so the position as to the potential for mineral extraction will not change because the LSE could seek to exploit its assets without having had to register or protect them.

If you are in any doubt as to the effect of the LSE’s registration exercise on your property you ought to consult your own solicitor.

Q:- Will the changes to my title make my house or land worth less money or harder to sell?

A:- An exclusion of mines and minerals and / or sporting rights from a title to land is not uncommon and solicitors are used to seeing such exceptions when buying and selling land and houses for clients. References to manorial rights are perhaps less common, but due to the change in the law

referred to above, a large number of estates and other manorial owners are actively undertaking similar exercises to that of the LSE and so such references will become far more familiar to conveyancing solicitors.

If you are in any doubt as to the effect of the LSE’s registration exercise on your property you ought to consult your own solicitor.

Q:- I am a client of Bond Dickinson LLP. Why wasn’t I warned about this previously?

A:- We have a duty of confidentiality to all of our clients, and so we are not able to tell one client about the actions of another. The applications almost invariably affect several hundred separate properties and the information provided to us on which the applications to Land Registry are made rarely allows us to identify specific properties. Accordingly, we are not able to know whether or not other clients’ land titles are affected. If you are our client and you have received a Notice, please call or write to your main contact with the firm, and we will aim to provide whatever information and guidance we can, within the confines of our professional Code of Conduct.

Bond Dickinson LLP
Solicitors to The Lonsdale Settled Estate

www.bonddickinson.com