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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I have been served with a B25 notice, regarding the Crowns

Customer Question

I have been served with a B25 notice, regarding the Crowns claiming mining and mineral rights on my land. I have read your previous reply to someone else with this problem. I do however have a query regarding the rights of the Crown... Is this only being applied to XXXXX property?.
I am asking this because the house and land adjacent to mine is not registered. I have tried twice within the last 10 years to find a land registry on this property and twice have been told by Land Registry there is none. The owner does not live there and the house has been empty for 13 years.
My understanding is that any property not registered by 13th October 2013 will have these rights lost to the Crown forever . is this right?
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.
Hello. No, this isn't quite right. You've received a Notice because Land Registry has your details, because your land is registered. The next door property owner is not known to Land Registry, so they can't do anything regarding Notices, however, it is likely that the application will affect that property - minerals can be registered with their own title, so it doesn't matter that the surface land is unregistered at present.

The rights which could be potentially lost after 12 October 2013 are "overriding interests". These current,y bind land whether or not they are registered and whether or not a buyer or owner knows about them. These include chancel repair liability and manorial rights, including minerals, sporting and market rights. If the rights are not registered or protected by Notice on registered titles or a Caution Against First Registration where the title is unregistered, then any buyer or first registered owner will take the land free of the rights. That is why the Crown (and others) are registering their rights - to ensure they are not lost after October 2013.
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Customer: replied 4 years ago.

Thanks for this! It helps enormously and clarifies my position in this matter . Prompt answer too Thanks again

Expert:  wingrovebuyer replied 4 years ago.
Glad to have helped!