Who is the lord of your manor?
Lord of the Manor
Many people in the Fylde Coast area of Lancashire have woken up in the last few days to letters from the Land Registry advising them that John Sergeant – as Lord of the Manor of Kirkham – has registered a ‘unilateral notice’ over their homes and land.
Understandably, this has led to many raising the question as to why this has happened and worrying as to the impact this may have upon the properties they own. Historically, overriding interests burdened the purchasers of a property whether or not these rights had been registered at the Land Registry. Inevitably, this led to many people purchasing properties over which third parties held rights that they were not aware of.
In order to allow for more transparency, the Land Registration Act 2002 changed the position in the respect of overriding interests and provided that any such rights which have not been registered at the Land Registry before the 13 October 2013 may no longer burden subsequent purchasers of a property if the surface land is subsequently sold without being made subject to them.
What does this mean?
The unilateral notices have been entered to protect ‘manorial rights’. These are rights that were retained by the lord of the manor when the land became freehold many years ago. These can include rights relating to mines and minerals, sporting rights, right to hold fairs and markets, rights of common and liability for the construction, maintenance and repair of dykes, ditches, canals and other works.
In respect of ownership of mines and minerals, in many parts of England and Wales it is not uncommon 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’.
There are varying types of rights and ownership relating to mines and minerals. These can range from owning the mines and minerals outright and being able to take them away, whether or not the owner of the surface agrees, to having some rights to them that can be exercised with the agreement of the surface owner. Where someone owns the land comprising the mines and minerals below your property they will continue to own it indefinitely.
The reference to mines and minerals is all the more topical and of more concern to those landowners in the Fylde coast area of Lancashire given the current ‘fracking’ activities being undertaken by Cuadrilla. If a person can claim ownership of the mines and minerals it will potentially affect the person who owns the surface of the land to claim any payments for the use of their land for ‘fracking’ purposes.
Can I do anything?
The simple answer is yes. The fact that a unilateral notice has been registered does not mean that your title is definitely subject to the manorial rights: you may still own the mines and minerals under the land and therefore be entitled to any payments relating to the disturbance of the minerals under the land. The unilateral notice will have been registered without John Sargeant having to provide his ownership of the mines and minerals.
Worryingly, it has come to our attention that many believe that there is a time limit in which applications challenging the registration of a unilateral notice have to be made to the Land Registry and that they have missed the opportunity to object. This is not the case, a unilateral notice can be challenged at any time, however, we strongly recommend that anybody who receives such a notice thinks quickly and acts fast.
What can I do?
We can assist in the objection to the registration and apply to cancel the unilateral notice. This will mean that John Sergeant will be obliged to prove his claim to the ownership of the mines and minerals under the surface of the land.
What if I do nothing?
The unilateral notice will remain on the title deeds to your homes and land and if you ever wished to sell or use your land as security it may delay the process whilst any buyer or lender investigates the matter further.
It may also affect your ability to claim payments in the event that ‘fracking’ activities affect your land.
If you have any concerns surrounding this or wish to discuss it further, please contact please contact Harrison Drury on 01772 258321.
Jean
Thank you for your comment.
On receiving an application for a unilateral notice to be removed the Land Registry will notify Mr Sargeant and give him a period of time in which to provide documentary evidence of his claim. The period in which Mr Sargeant has to provide this evidence is usually 4 weeks however the Land Registry may allow extensions of time if both parties agree or there are is a specific reason to do so. If no evidence is produced then Mr Sargeant’s notice will be removed from the land owner’s title. If evidence is produced supporting Mr Sargeant’s claimed rights and this is disputed then the matter will be passed to the Land Registry Adjudicator for determination. This process is a formal process (similar in some respects to the court process) and the Land Registry will afford each party time to submit statements of case and evidence in support. If there is a dispute that cannot be settled by negotiation then it is conceivable that the matter could take between 3 – 12 months to resolve (the breadth of issues in dispute, the speed of actions by parties and the conduct throughout will have a bearing on the timing for resolution of the matter). I would recommend that you discuss matters with the solicitor acting for you on your sale/purchase as they will be able to find out specific details of the claim from the other parties’ solicitors.
Regards
Owen
hi ,at the moment I am in chain of house,s been sold .1 of which has this notice put on by Kirkham lord of the manor ,they have asked for it to be taken off ,mr sergent has now appealed this .I would like to know what happens now and how long this appeal by him will go on for ,as all party,s are in danger of spending a lot of money :ie surveys done ,and it all breaking down due to this one property of preston street .regards jean
Thank for posting the above. Although not in your geographical area, I live near Beaumaris, Anglesey and this past week, I understand that in excess of 4,500 homes in the area have been notified by the Land registry and served with a Unilateral Notice, claimed by a Lord Treffos (a purchased title research would conclude)in asserting his manorial rights. The above info helpful and reassuring!
Regards
Ian
The registration requirements for ‘overriding interests’ changed under the 2002 Act. Those people who formerly had rights in land that would previously have existed as overriding interests should have protected the same by substantively registering the same prior to 12 October 2013. Substantive registration of rights would require production of documentary evidence of ownership of the rights claimed. A unilateral notice does not prove entitlement and if the land owner objects to the registration, the person seeking to claim the rights is required to evidence the claim.
Regards
Owen
Dear Owen,
my surname is no coincidence, I am John Sergeant’s son. I got to your blog because I live in Australia and am not always able to ascertain directly from John quite what it is that he’s doing as he pursues his manorial business. The relevant laws and terms all seem very antiquated. On the current matter, I have read a few links on the recently changed law affecting manorial rights to other people’s land as well as the October deadline for lords to formally register interest (such as in mineral rights) in other people’s land. But can you tell me, was my father actually forced by law to register his interest in this way, or — as the philosophers of free-will say — could he have done otherwise?
Kind Regards,
Nicholas Sergeant
Margaret, our initial advice is to send to the Land Registry a form UN4 – this will mean that the person claiming the manorial rights will need to produce documentary evidence supporting the claim. Wer can assist with the form if you wish or it is available from the Land Registry website.
Regards
Owen
I have received this notice for my property in Kirkham. I would be interested in receiving further emails or advice as to what if anything I need to do.
Many thanks.