The full lowdown on mining letters

NILA-LC-100420C4 - Victoria park Ilkeston. r David Manners 11th Duke of Rutland
NILA-LC-100420C4 - Victoria park Ilkeston. r David Manners 11th Duke of Rutland

The Advertiser has been inundated with phonecalls and emails since we reported last week on letters being sent out by theLand Registry about ancient rights held by the Duke of Rutland.

The letters state that the Duke has rights to minerals on the land - effectively meaning that he could mine on their property.

We have now put your questions to a Land Registry spokesman in the hope of clearing up some of the myths surrounding the new legislation.

She explained why the letters had been sent out and what they mean: “Under the Land Registration Act 2002, certain interests (including rights to minerals) which were automatically protected as overriding interests, lost that automatic protection from October 13 2013.

“This means that from that date, the interests may cease to be enforceable when the land is sold unless they are protected on the register.

“It is important to note however that registering manorial rights does not necessarily indicate an intention to exercise them and any questions of this nature are for the applicant as opposed to Land Registry.”

The spokesman also responded to criticisms made by residents that the letters were ‘confusing’ and ‘complicated,’ by saying: “Our independent role means we cannot offer any legal advice, or provide any reassurances about what this means to any particular owner, but our aim is to be as helpful as possible by simplifying our notices as far as we can, while still recognising that these can be quite complex matters of law.”

She also moved to reassure residents that they do not need a solicitor to act on their behalf when applying to cancel the notice and there is no time limit to make an application using the UN4 form which can be downloaded from the Land Registry website.

The process then moves into the next stage.

She explained: “If the owner does apply to cancel the unilateral notice then the unilateral notice holder will be notified and will need to give grounds why the entry should not be removed.

“If they do lodge a reason why the unilateral notice should stay the parties will be given the chance to try and resolve their dispute between them.

“If they cannot it may have to be resolved judicially.”

More information is available online at www.landregistry.gov.uk.