Dear All
I am following up my correspondence regarding manorial rights that has affected a large number of people across Montgomeryshire. I want to update you on developments.
On 15th January, there was a Westminster Hall Debate in the House of Commons that examined the issue of manorial and mineral rights in more detail. Our MP, Glyn Davies, took the opportunity to contribute to the debate and he raised the anxiety and concern that this issue has caused to many residents in Montgomeryshire. I am writing to summarise the points that were made by the UK Government Minister for Business, Innovation and Skills, who formally responded to the concerns raised by Glyn and other MPs over this issue.
As you may already be aware, the recent rise in manorial and mineral rights claims is due to the Land Registration Act of 2002, which gave owners of these rights ten years to register their claims in order for them to remain valid. According to the UK Government, the Land Registry received more than 73,000 applications to enter a notice claiming manorial rights on properties across England and Wales. However according to the Minister of State, Michael Fallon MP, most claims that were made appeared to be purely speculative, so as to protect any potential rights as a result of new legislation. The vast majority of you probably were not aware that your land may have been subject to these rights. The reason is that it was common for them not to be known to the Land Registry and therefore not included on the register; your deeds.
If you are thinking about contesting a claim, then the Land Registry will work with you and the interested party to try and resolve the dispute over a reasonable length of time. For example, it encourages the party claiming the rights to produce its evidence at the earliest possible stage and in many cases that will bring the matter to a conclusion. Mr Fallon stated that (up until 15th January) more than 6,000 properties had been voluntarily released from notices because the interested parties had no evidence to substantiate their claims and so they had to withdraw.
If you wish to contest any claim, you will need to obtain a ‘UN4 form’ from the Land Registry to do so. The form can be downloaded from the Land Registry website: www.landregistry.gov.uk/professional/forms or you can contact the Land Registry direct on 01792 355000 and request a form be sent to your address. There is no deadline in which to submit this form and the Land registry is also able to help you fill out this form if you require, thus saving on solicitor’s costs. As a result of contesting a claim, I am aware that some of you have received a follow-up letter from the Land Registry stating the Williams Wynn Estate still has an interest in your property / land. Ultimately, if you decide you have no grounds for objection or choose not to further challenge, the Manorial Rights Claim will appear on your deeds. The Land Registry has informed me that it is confident that this will have no adverse affect on your property. Countless numbers of properties throughout Wales and England are subject to rights therefore the Land Registry say it will have no effect on property values and will have no bearing on ability to get a mortgage.
In recent correspondence I have received from the legal company representing the Williams Wynn Estate; they have stated that their Land Agent is currently reviewing all the titles affected by the manorial rights as they appreciate that there have been a large number of dwellings affected where there is very little likelihood of the minerals having any value. The Land Agent is mapping each individual title and have already instructed to cancel a large number of notices where they consider there would be no loss to the Estate in relinquishing their mineral rights. This mapping process is taking time; once the mapping work has been completed the legal company will submit to the Land Registry further instructions on which rights can be relinquished.
It is important at this stage to remember that a renewed interest in mineral and manorial rights, should not necessarily be seen as a sign that any extraction or exploitation of minerals is about to take place but merely claimants to these rights are attempting to reaffirm their ownership of these rights. Ownership of manorial rights is distinct from being able to exercise those right and mineral extraction and mining, even in this case, would still be subject to local planning restrictions and laws. Many of you fear that this registration may be related to future fracking interests. I must say I have seen no evidence to suggest this is true. The Land Registry’s website states:
“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 rightsto them that can be exercised with the agreement of the surface owner."
Remember that we are talking about the registration of rights here, not ownership. In addition, the Land Registry also points out that any oil or gas is owned by the Crown, not the owner of the land, and allows its extraction under licence. The usual planning laws would apply. Also it is worth remembering that these are not new rights but the registration of ancient ones, so there is no change in what is or is not allowed to happen on/under your land.
Interestingly in further information I have received relating to a request for change in the Law, the Minister of State, Michael Fallon MP has stated:
“My understanding is that reform of feudal remnants of land law was considered by the Law Commission as a possible project several years ago but was not taken up because of the demands of other priorities – and, in any event, was not directed to the existence of manorial rights. The Law Commission is currently considering its next programme of law reform. I understand that one of the possible projects under consideration is a review of the Land Registration Act 2002, but I do not know whether it will be chosen for inclusion in the programme.”
I had asked the legal company that are representing the Williams Wynn Estate to attend a public meeting in the area but they did not feel that would be appropriate. I am unhappy about the way this matter has been dealt with by the Land Registry, especially the lack of information that has been disseminated and the distribution of unnecessary bulk Unilateral Notices. The mapping exercise should also have been undertaken and completed prior to the Unilateral Notices being sent out. This issue has caused much distress and the details above go to show that there is no easy resolution.
I should point out that I am not qualified or able to provide you with any legal advice but I have sought to investigate and point out the relevant information on this issue. If you would like to discuss this further, I would be happy to meet with you. If you would like to discuss over the telephone, then Diane in my office would be happy to talk with you. I would also be grateful if you could let me know if you have any news developments on this issue, that you think I am not aware of.
Best regards.
Russell George AM / AC