Historical rights
Published 8 September 2014
Applies to England and Wales
© Crown copyright 2014
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/historical-rights-that-could-affect-your-property/historical-rights
1. Mines and minerals
In parts of England and Wales, it is fairly common that someone owns the surface of the land but someone else owns the land below the surface (often called ‘mines and minerals’). Mines and minerals rights can include owning the mines and minerals outright and being able to take them away, even if the owner of the surface disagrees, or having rights only with the agreement of the surface owner.
2. Chancel repairs
A chancel repair liability is the requirement for a landowner to pay for the repair of the chancel (part of the church containing the altar and the choir) of an Anglican parish church.
3. Manorial rights
The rights of the lord of a manor in respect of land you own, such as the rights to minerals or to hunt, shoot or fish.
4. The Change in the law
The Land Registration Act 2002 says that someone who owns manorial rights and chancel repairs liability, could lose them unless protected by an entry in the register before 13 October 2013. This means if a new owner buys the land or property after this date, they could buy it free of these rights if the rights are not shown in the register. Until the property is sold any rights that exist continue.
Mines and minerals are not affected by the change in the law and can still be registered if an applicant has sufficient evidence of their ownership. A future sale of the surface land will make no difference.
Some landowners are responding to the change in the law by applying to register their rights on the land that can be protected.
5. HM Land Registry’s role
HM Land Registry has a statutory duty to respond to applications for registration of these rights. We examine the documents that come with every application. Registration sometimes requires HM Land Registry to send a letter (called a notice) to the landowner affected by these rights.
The notice gives the affected landowner an opportunity to decide if or how they want to respond. We do not offer legal advice or provide reassurances about what the notice means. You will have the opportunity to object to an application to change the Land Register within a time limit given in the letter.
We may not always issue a notice. In some cases, we only send an information notice once the application has been completed, telling you we have updated the Land Register.
If your property is not registered we are not able to provide information about any rights which may affect your land or property.
If you apply to register your land for the first time and your deeds show that these rights affect your property we are required to enter them in the register. These rights are not affected by the change in the law.
Information about chancel repairs is available from the Charity Commission and some chancel repair liabilities records are held by The National Archives.