We understand that the Crown i
s the only absolute owner of land in England and Wales; all others hold an estate in land. Apart from an estate, land may have the benefit of or be subject to other interests, which are rights and obligations relating to the land, belonging to the owner or to a third party. Drainage rights spring to mind as quite common.
Today, the means by which the ownership of estates is established, recorded and protected is through the Land Registry. For many years now the ownership of different estates has been subject of compulsory registration; registration taking place as certain events occurred which triggered the requirement to register. It is also possible to make a voluntary application to register an estate in mines and minerals at any time. Where mines and minerals constitute the surface and are obvious, it seems obvious that they will form part of the estate that is registered. However, this may not be the case since ownership of estate in mines and minerals may be severed from the freehold estate in the land in which they lie. Colloquially speaking, buried ‘freeholds' exist in similar manner to ‘flying freeholds'. Dormant, unseen, they can adversely affect value - or enhance it.
Land and mineral owners, both, need to be clear as to who owns what estate. Such property rights may affect either's interests significantly.
s the only absolute owner of land in England and Wales; all others hold an estate in land. Apart from an estate, land may have the benefit of or be subject to other interests, which are rights and obligations relating to the land, belonging to the owner or to a third party. Drainage rights spring to mind as quite common.Today, the means by which the ownership of estates is established, recorded and protected is through the Land Registry. For many years now the ownership of different estates has been subject of compulsory registration; registration taking place as certain events occurred which triggered the requirement to register. It is also possible to make a voluntary application to register an estate in mines and minerals at any time. Where mines and minerals constitute the surface and are obvious, it seems obvious that they will form part of the estate that is registered. However, this may not be the case since ownership of estate in mines and minerals may be severed from the freehold estate in the land in which they lie. Colloquially speaking, buried ‘freeholds' exist in similar manner to ‘flying freeholds'. Dormant, unseen, they can adversely affect value - or enhance it.
Land and mineral owners, both, need to be clear as to who owns what estate. Such property rights may affect either's interests significantly.
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