by SimonFisher » Wed Dec 19, 2012 3:52 pm
A covenant and rights are as far as I know quite different things.
When a sale states that shooting rights are included, it means they haven't been previously separated from the land and sold as a separate entity. A comparable situation exists with mineral rights (the right to mine and extract sub-surface minerals). For example, we own the freehold to our woods. We do not own the mineral rights as they were separated from the land a good few years ago and are now owned by The Church Commissioners. I don't think it means they have the right to come onto our property and start digging, but those minerals are theirs and not ours. I do know that the entries on the Land Registry for the freehold title of our woods make reference to the fact that the mineral rights are held under a separate title. As far as I'm aware, the shooting rights for our woods have not been separated from the freehold title - so we have shooting rights.
A covenant is a requirement or restriction placed on a piece of land by someone selling the land. It may have been a sale at a previous time in which case the covenants have to be passed on. Covenants can cover all manner of things. For example, the land on which my home stands has a covenant stipulating the minimum distance from the front of the property that a building can be built.
Going back to our woods, they are part of a bigger wood that was bought by Woodlands.co.uk and divided into smaller separate titles. They placed covenants on those titles restricting certain activities. We didn't buy from Woodlands.co.uk as there have been other owners in the timeline. The covenants still stand and as far as I know, the people we bought from would not have been able to remove those covenants even if they'd wanted.