tag:blogger.com,1999:blog-6110794854146484721.post6206927542119339915..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: Will owners of manorial rights benefit from fracking?ObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6110794854146484721.post-10735285015066934832012-07-29T19:41:45.330+01:002012-07-29T19:41:45.330+01:00Of particular concern is the fact that the Land Re...Of particular concern is the fact that the Land Registry has adopted a policy of not notifying the surface owners when registering substrata containing minerals on a separate qualified title carved out of the surface title (but not noted on the register of the surface title). This can be done whenever there is no note on the surface title to say that it includes mines and minerals. The justification is that the general boundaries rule means that there is definition of the substrata affected, so the surface owner's rights are not prejudiced; that notification to surface owners would result in numerous groundless objections, which would be ignored anyway. The real reason appears to be that the Land Registry simply does not want to have to deal with the numerous objections so the rights of the surface owners to their substrata are being overriden. These applications can be based on statutory declarations by researchers who say they have looked into the archives of Inclosure Acts and Awards and the mineral rights were in former common land and preserved to the lord of the manor, or reserved to the lord of the manor on the enfranchisement of copyhold land. This was all revealed to me in response to an FOI request.Anonymousnoreply@blogger.com