Unilateral notice in post today from Land Registry

Unilateral notice in post today from Land Registry

Postby Rongo121 » Fri Aug 23, 2013 9:52 pm

Howdy folks, got this in the post today from the land registry, got no scanner so I’ll have to type the whole damn thing, groan.

Private

John Doe
Address and postcode.

Land Registry
Fylde Office
Wrea Brook Court
Lytham road
Warton
Lancs PR4 1TE

B133(OI) Notice to a registered proprietor of an application to enter a unilateral notice

Important this notice is not a circular. Please read it carefully.

Title number SFxxxxxx

Property Somewhere

Registered proprietor of the above title number John Doe

Dear John Doe

I am writing to inform you that we have received an application to enter a unilateral notice.

The application was lodged by:

The solicitor for the affairs of the Duchy of Lancaster of 1 Lancaster place, Strand, London, WC2E 7ED (telephone 020 7269 1713) (Reference: TC Newcastle under Lyme) on behalf of the Duchy of Lancaster. You should contact the applicant if you require more information about why this application has been made.

As a result of this application the following entries have been made in the Charges Register of the above title number.

UNILATERAL NOTICE in respect of manorial mineral rights (reserved on enfranchisement to the Lord of the Manor of Newcastle under Lyme.
BENEFICIARY: The Queens most excellent Majesty In right of Her Duchy of Lancaster care of the solicitor for the affairs of the Duchy of Lancaster, 1 Lancaster place, Strand, London, WC2E 7ED

Please read the explanatory notes which form part of this notice

We also enclose a document provided by the applicant as part of their application that provides answers to some of the most commonly asked questions.

This document is not endorsed by Land Registry.

If you would like to discuss this notice or require it in an alternative format please contact me.


Explanatory notes

1. What is a unilateral notice?

If a person believes he has the benefit of an interest in a particular property, which would be recognised by a court of law, he may apply to Land Registry for an entry to be made in the register of the property affected. Such an entry is called a ‘unilateral notice’ and the person applying for it is called the ‘beneficiary’ of that notice.

2. What does Land Registry do when it receives an application to enter a unilateral notice?

On receipt of an application to enter a unilateral notice we are not required to establish that the particular interest claimed is valid, all we do is satisfy ourselves that the interest claimed is the sort of interest which, if valid, could be protected by notice. If we are satisfied we must enter the unilateral notice.

3. Why didn’t you tell me before you put the unilateral notice on my register?

To enter a unilateral notice the beneficiary only has to claim that he is entitled to the right protected by the notice. He does not have to lodge evidence to prove that he owns the right claimed. As there is no evidence to challenge we do not have to serve notice on you before entering a unilateral notice on your register. We are obliged to send a notice informing you that the entry has been made. This notice is such a notice.
4. Why has this unilateral notice been entered on my register now?

A registered title may be subject to certain interests even though there is no entry in the register referring to that interest. Such interests are known as ‘overriding interests’. The list of interests which can be overriding interests include certain ancient rights. These ancient rights will only continue to operate as overriding interests until 13th October 2013. If they are not protected by an entry on the register before that date a person who buys the registered title on or after that date will take the title free from them. Because of this owners of such rights need to protect them by ensuring that a notice appears in each affected registered title. A person who claims to own such a right has entered a unilateral notice against your register now.

5. What are these ancient rights?

Most of them are manorial rights originally belonging to a Lord of the Manor but which may now have been sold on to someone else. They include such interests as the right to mines and minerals under land, the right to extract such minerals and hunting, shooting and fishing rights. Another ancient right is the liability of the owner of certain land to pay for the repair of the chancel of a parish church. Others, which are now rarely seen , are a franchise- for example the right to hold a market or fair; a right to rent reserved to the Crown – whether or not the right is still vested in the Crown; rights in respect of the maintenance of an embankment or sea or river wall; and a right to receive payment in lieu of tithe.

6. What is the effect of the unilateral notice on my register?

The unilateral notice protects rights, which if they are valid and they do actually affect your land, you already hold your registered title subject to even if you don’t know about them. If you were to sell your property before 13th October 2013 the new owner would buy subject to those rights even if the unilateral notice had not been entered and he knows nothing about them. If no notice had been entered on your register before 13th October 2013 you would still be subject to those rights on and after that date but a person who bought your land on or after that date would not be subject to them.

7. What if the right protected by the unilateral notice does not affect my register?

If your title is not in fact subject to the right protected by the unilateral notice, then you can contact the beneficiary , explain your position and ask him to withdraw it. Alternatively you can apply on Land Registry form UN4 for the unilateral notice to be cancelled. You do not need to give any reason or lodge any evidence in support of your application for cancellation on form UN4. The form can be downloaded from our website at www.landregistry.gov.uk or obtained free of charge from Land Registry Customer Information Centres or bought from any law stationer.
Note: If you are a joint proprietor then it is considered that you can only apply for cancellation in form UN4 if all of the joint proprietors join in the application.

8. What happens if I apply for the notice to be cancelled?

We will inform the beneficiary that the unilateral notice will be cancelled unless he provides a statement of the grounds on which his claim is based within a stated time. With this statement he may also refer to documents which establish his entitlement. If he does produce such a statement or documents these will be copied and sent to you. If these fail to convince you, then there is a dispute. The persons involved in a dispute are encouraged to resolve it by negotiation but, if it cannot be resolved by such means, we will refer it to the Land Registration division of the Property Chamber, First-tier Tribunal. The tribunal is independent of Land Registry and will either arrange for the matter to be decided by itself or will refer the parties to court.

9. Where can I get more information?

If you have any queries regarding this notice please contact me quoting the title number. Please note that Land Registry staff are not authorised to give legal advice. For help of this nature please contact your solicitor or other person qualified to give legal advice.

N.B. Is your address correct? An incorrect address could mean that you do not receive important notices and you may suffer loss as a result. Public guide 2 Keeping your address for service up to date – available from our website www.landregistry.gov.uk – explains how to change your contact details or add an address.


I’ll try to post the other document tomorrow (my fingers hurting from all this typing) it’s from the Duchy of Lancaster in support of the above(Duchy of Lancaster Manorial Mineral Registration Project)
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Re: Unilateral notice in post today from Land Registry

Postby Freeman Stephen » Sat Aug 24, 2013 2:22 am

Counter notice as evidence in its own right declaring you own all the mineral rights on the land - two bits of conflicting evidence with you in possession. You could come unstuck regarding coal and gold so you might want to put something in your counter notice accepting these belong to the coal board and the queen respectively but unless the duke of lancaster can provide you with evidence for his claim, he should stick his claim up his arse because you are clearly in possesion of what the thieving bastard claims is his.

(Just my thoughts, not legal advice)
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Re: Unilateral notice in post today from Land Registry

Postby pitano1 » Sat Aug 24, 2013 9:50 am

http://www.constitution.org/bouv/bouvier_p.htm

maxim..possesion,is nine tenths,of the law.
the 10th,is title. :thinks:

you,could,just roll over,or make em work to prove,their claim
by using,a dictionary,and the king james bible. :giggle:

POSSESSION, property. The detention or enjoyment of a thing which a man holds or exercises by himself or by another who keeps or exercises it in his name. By the possession of a thing, we always conceive the condition, in which not only one's own dealing with the thing is physically possible, but every other person's dealing with it is capable of being excluded. Thus, the seaman possesses his ship, but not the water in which it moves, although he makes each subserve his purpose.

2. In order to complete a possession two things are required. 1st. That there be an occupancy, apprehension, (q. v.) or taking. 2dly. That the taking be with an intent to possess (animus possidendi), hence persons who have no legal wills, as children and idiots, cannot possess or acquire possession. Poth. h. It.; Etienne, h. t. See Mer. R. 358; Abbott on Shipp. 9, et seq. But an infant of sufficient understanding may lawfully acquire the possession of a thing.

3. Possession is natural or civil; natural, when a man detains a thing corporeal, as by occupying a house, cultivating grounds or retaining a movable in his custody; possession is civil, when a person ceases to reside in the house, or on the land which he occupied, or to detain the movable he possessed, but without intending to abandon the possession. See, as to possession of lands, 2 Bl. Com. 116; Hamm. Parties, 178; 1 McLean's R. 214, 265.

4. Possession is also actual or constructive; actual, when the thing is in the immediate occupancy of the party. 3 Dey. R. 34. Constructive, when a man claims to hold by virtue of some title, without having the actual Occupancy; as, when the owner of a lot of land, regularly laid out, is in possession of any part, he is considered constructively in possession of the whole. 11 Vern. R. 129. What removal of property or loss of possession will be sufficient to constitute larceny, vide 2 Chit. Cr. Law, 919; 19 Jurist, 14; Etienne, h. t. Civ. Code of Louis. 3391, et seq.

5. Possession, in the civil law, is divided into natural and civil. The same division is adopted by the Civil Code of Louisiana.

6. Natural possession is that by which a man detains a thing corporeal, as by occupying a house, cultivating ground, or retaining a movable in his possession. Natural possession is also defined to be the corporeal detention of a thing, which we possess as belonging to us, without any title to that possession, or with a title which is void. Civ. Code of Lo. art. 3391, 3393.

7. Possession is civil, when a person ceases to reside in a house or on the land which he occupied, or to detain the movable which he possessed, but without intending to abandon the possession. It is the detention of a thing, by virtue of a just title, and under the conviction of possessing as owner. Id. art. 3392, 3394.
8. Possession applies properly only to corporeal things, movables and immovables. The possession of incorporeal rights, such as servitudes and other rights of that nature, is only a quasi. possession, and is exercised by a species of possession of which these rights are susceptible. Id. art. 3395.

9. Possession may be enjoyed by the proprietor of the, thing, or by another for him; thus the proprietor of ahouse possesses it by his tenant or farmer.

10. To acquire possession of a property, two things are requisite. 1. The intention of possessing as owner. 2. The corporeal possession of the thing. Id. art. 3399.

11. Possession is lost with or without the consent of the possessor. It is lost with his consent, 1. When he transfers this possession to another with the intention to divest himself of it. 2. When he does some act, which manifests his intention of abandoning possession, as when a man throws into the street furniture or clothes, of which he no longer chooses to make use. Id. art. 3411. A possessor of an estate loses the possession against his consent. 1. When another expels him from it, whether by force in driving him away, or by usurping possession during his absence, aud preventing him from reentering. 2. When the possessor of an estate allows it to be usurped, and held for a year, without, during that time, having done any act of possession, or interfered with the usurper's possession. Id. art. 3412.

12. As to the effects of the purchaser's taking possession, see Sugd. Vend. 8, 9; 3 P. Wms. 193; 1 Ves. Jr. 226; 12 Ves. Jr. 27; 11 Ves. Jr. 464. Vide, generally, 5 Harr. & John. 230, 263; 6 Har. & John. 336; 1 Har. & John. 18; 1 Greenl. R. 109; 2 Har. & McH. 60, 254, 260; 3 Bibb, R. 209 1 Har. & McH., 210; 4 Bibb, R. 412, 6 Cowen, R. 632; 9 Cowen, R. 241; 5 Wheat. R. 116, 124; Cowp. 217; Code Nap. art. 2228; Code of the Two Sicilies, art. 2134; Bavarian Code, B. 2, c. 4, n. 5; Prus. Code, art. 579; Domat, Lois Civ. liv. 3, t, 7, s. 1; Vin. Ab. h. t.; Wolff, Inst. §200, and the note in the French translation; 2 Greenl. Ev. §614, 615; Co. Litt. 57 a; Cro. El. 777; 5 Co. 13; 7 John. 1.

interesting,that they contacted,you in private. :puzz:
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
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Re: Unilateral notice in post today from Land Registry

Postby Rongo121 » Sat Aug 24, 2013 7:57 pm

Thanks for the comments guys, plenty of food for thought there.

Here’s the accompanying document from the Duchy of Lancaster, notice there’s no invite to tea. :puzz:

Duchy of Lancaster (with coat of arms above. My comment.)

Duchy of Lancaster Manorial Mineral Registration Project

Frequently asked questions issued by the Duchy of Lancaster

This note has been prepared by the Duchy of Lancaster and lodged with its application. It has neither been prepared by nor endorsed by the Land Registry.

Q. What is the Duchy of Lancaster? (It's a fiction that doesn't exist in the real world. My comment.)

A. Founded in the thirteenth century, the Duchy of Lancaster is a unique portfolio of land, property and other assets held in trust for the Sovereign in Her role as the Duke of Lancaster. Because of it’s great antiquity, the Duchy owns or has the benefit of many historical rights and interests. One of these is the right, as Lord of the Manor, to the minerals under former copyhold land which was comprised in the Duchy’s landed estates.

Q. Why is the Duchy of Lancaster registering these ancient manorial mineral rights now? (Because they are greedy and would like to own everything, my comment)

A. The Land Registration Act 2002 changed the law relating to manorial rights and interests by providing that the current overriding protected status of such rights will be lost after October 2013 unless the owner protects them either by registration, notice or caution at the Land Registry. Manorial rights include (amongst others) mineral rights under land formerly belonging to the Lord of the Manor. The Duchy owns a large number of manorial titles and is simply reacting to this change in the law in order to protect its assets. This is not a case of the Duchy creating or claiming new mineral rights but of protecting those that have existed for a very long time but which may not always have been apparent to the owner of the surface land because of their overriding protected status.

Q. Why have I received a Notice from Land Registry?

A. The Duchy’s applications to the Land Registry will often affect surface land owned by third parties such as yourself. Where your own title is registered at the Land Registry and is affected by the Duchy’s application to protect its mineral rights beneath the surface of your property, the Land Registry will make you aware of the Duchy’s application because it affects your title to the surface land.

Q. I have received a Form B133 Notice, what does this mean?

A. This means that your property was many years ago copyhold title (an old form of leasehold title) of the manor owned by the Duchy and will have been “enfranchised” (which means upgraded from copyhold of the manor to absolute freehold title) either by agreement between the Duchy and the copyhold owner or more likely under the terms of the Law of Property Act 1922. It was customary for the mineral interests to be reserved to the Duchy as Lord of the Manor when such upgrading of the title occurred. This notice relates to an application by the Duchy under section 117 of the Land Registration Act 2002 to enter a Unilateral Notice (Land Registry form UN1) on the registered title to your property. The Duchy as owner of the manorial mineral rights under your property is doing this to protect them now that their overriding protected status is being removed.

Q. I have received a B133 Notice, what should I do?

A. If you have received a B133 Notice and are in any doubt as to any action you need to take you ought to consult your own solicitor. (Not a chance. My comment)

Q. Does this mean that the Duchy claims ownership of my land?

A. No, the Duchy does not claim ownership of your land or any property on it.

Q. Does this mean that the Duchy can enter onto my land?

A. No, the Duchy does not claim to have a right of entry on to your land.

Q. Does this mean that the Duchy is about to exercise these mineral rights and extract minerals under my property?

A. No, this does not mean that the Duchy is seeking to exercise these mineral rights. The Duchy could not do so without first having obtained the necessary planning and environmental consents. The Duchy cannot say that mineral extraction will never be considered at some stage in the future, but it can reiterate that the reason for placing this notice on your title is simply to protect its assets as a reaction to change in the law, not as a prelude to mineral extraction. If you are in any doubt as to the effect on the title to your property you ought to consult your own solicitor. (Not got one, don’t want one and don’t need one. My comment)

Q. Will the changes to my title make my house or land worth less money or harder to sell?

A. The fact that surface land and the minerals beneath it are owned by different parties is not uncommon and solicitors are used to seeing this when acting for clients who are buying or selling land and houses or acting for lenders to purchasers of houses. Many properties already have a reference to these manorial mineral rights on their title and there is no evidence to suggest that this has any impact on the value of the property or that it makes the property harder to sell. The Duchy is just one of a large number of owners of landed estates and manorial minerals who wish to protect these interests as a result of this change in the law the benefit of which will be that all such interests will become transparent and obvious on the title of the surface land. ( Yeah and my bloody water may catch fire, due to fracking, and I may get an earth tremor now and again, nothing to worry about though. My comment) However if you are in any doubt as to the effect of the notice on the title to your property you ought to consult your own solicitor. (They’re desperate for me to see a solicitor so he can drop me right in it, aren’t they, My comment)

Solicitor for the affairs of the Duchy of Lancaster
1 Lancaster place, Strand, London. WC2E 7ED
Tel. 020 7269 1713 or 020 7269 1715 or 020 7269 1716
Email: tcrow@duchyoflancaster.co.uk
www.duchyoflancaster.co.uk

Interesting to note also that these notices could be going out to every property owner who lives in the Borough of Newcastle under Lyme and even beyond. How easy it would all be if everyone just told them to sod off :giggle:

Just found this on their website:

The change in legislation has prompted The Duchy of Lancaster, a portfolio of land, property and assets held by Her Majesty the Queen in Right of Her Duchy of Lancaster, to register these historic rights to underground minerals with the Land Registry.

The Duchy is currently working on registering the manorial minerals in the Stoke-on-Trent area. CEO and Clerk of the Duchy Council, Nathan Thompson, today reassured owners with properties on the affected land, explaining that registration was a formality.

He said: “The Duchy of Lancaster has owned these manorial mineral rights for many centuries and is having to register these rights with the Land Registry in order to preserve them for the future because of the change in legislation.’’

Home owners whose property is already registered at the Land Registry will receive postal notification of the registration from the Land Registry. Mr Thompson went on to say that anyone who believes they may be affected and is worried should contact the Duchy at: minerals.registration@duchyoflancaster.co.uk.

He said: “We understand that some homeowners may be concerned at having our mineral ownership shown on their title however, the possible sale and transfer of the Duchy mineral rights to them would not be ruled out in certain circumstances.”
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Re: Unilateral notice in post today from Land Registry

Postby Freeman Stephen » Sat Aug 24, 2013 9:13 pm

If it were me I would send a notice to both the duchy and the land registry stating that I own the minerals unless there is evidence to the contrary. Ask for a reply for from the duchy asking them to state a reasonable period that it will take them to show evidence of their rights. This period cannot exceed twelve years but I think an extended period of time like that would not be reasonable. If they dont provide evidence or state a period within which they will provide this evidence. Send a further notice to both LR and DoL stating that if no evidence is provided within twelve years, your rights to the minerals will be unchallengable.
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Re: Unilateral notice in post today from Land Registry

Postby Rongo121 » Sun Aug 25, 2013 3:14 pm

Hi FS and thanks for your suggestions

I think i'm going to use their form UN4 first and get the notice cancelled, then they've got to prove their case as it will be in dispute.

Then i'll hit them with some notices of my own.

I think the last paragraph from their website above sums it all up, ie they may be prepared to sell the mineral rights to owners under certain circumstances. As usual it's all about making money.
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