Statement on Land Ownership at Burnham Overy Creeks
April 16, 2025 | News | 4 minute read
Summary
This statement clarifies the ownership of two parcels of land at Burnham Overy: the 77 Acres and The Creeks at Burnham Overy. These two areas are frequently confused, leading to misunderstanding and, at times, inaccurate media reporting. Here, I set out the facts, the Estate’s position, and recent developments in land registration.
Parcel One: The 77 Acres
The 77 Acres is an island of salt marsh opposite the slipway at The Boathouse and across the channel from the Hard at Overy. It was included in a larger land purchase by Holkham Estate from Lord Orford in 1922. During a land registration process between 2008 and 2015, Holkham registered this land with HM Land Registry, supported by deeds from the 1922 transaction.
At some point in 2016–17, it emerged that the 7th Earl of Leicester (who retired in 2005 and passed away in 2015) may not have considered the 77 Acres part of the Estate. Since 2017, the Estate has been open to reviewing the ownership if a stronger claim emerged. This open position has been consistently maintained by the current 8th Earl, the Managing Director, and the Estate’s Trustees.
Some have suggested the land may have been historically held in trust “for the benefit of the poor,” with the potential inheritors of this responsibility being the Parish Council. At the Estate’s encouragement, Burnham Overy Parish Council formed a Working Group to consider whether it should pursue ownership. After reviewing legal, financial, and practical implications, including the need for an accredited land manager, the Council chose not to pursue the matter in March 2021.
As no alternative ownership has been substantiated, and no transfer has been requested, Holkham retains ownership. The 77 Acres is part of registered Common Land (CL65). Public access is and will continue to be maintained unless specific safety concerns arise. The land is managed by Holkham Nature Reserve Ltd under oversight from Natural England.
Allegations regarding the 77 Acres have largely stemmed from the Scolt Head & District Common Rightsholders Association (SH&DCRA), who have also made various inaccurate and sensationalist public claims. Media coverage has occasionally given the group coverage without verifying the facts.
Parcel Two: The Creeks at Overy
The creeks at Burnham Overy Staithe were also included in the 1922 purchase. In the 1970s, the Crown Estate questioned this, as tidal creeks are often Crown-owned. After reviewing historical legal documents, the Crown Estate conceded the claim.
Holkham began formal land registration of the creeks in 2013, with the northern section completed before the process was paused in 2015–16. Registration resumed in 2020 for the remaining sections. There has never been a competing ownership claim since the Crown conceded.
Although unrelated, the registration became entangled with the debate over the 77 Acres. SH&DCRA challenged the Land Registry’s handling of that case, but HM Land Registry treated the matters separately. After reviewing the evidence and appeal processes, the Land Registry has confirmed Holkham’s ownership of the remaining unregistered parts of the creeks. The deadline for final comments is 18 April 2025. None have been received.
Some small inlets overlapping with the 77 Acres will be registered with a “qualified” title. This means Holkham may face some restrictions on activity in those areas, though it will not affect current or planned management.
Response to Misunderstandings
SH&DCRA has incorrectly asserted that the absence of land registration equated to a lack of ownership. In fact, Holkham has owned the creeks since 1922, and ownership was never disputed after the 1970s. The misunderstanding between ownership and registration has caused unnecessary confusion.
Additionally, SH&DCRA has wrongly claimed that the lease from Holkham Estate to the Burnham Overy Harbour Trust has been invalid since 1983. These claims are entirely unfounded. The lease has always been legally valid, and the Trust has operated with full legal authority.
The Role of the Burnham Overy Harbour Trust
The Harbour Trust was established in the early 1980s as a multi-stakeholder charity to manage the harbour. For over 40 years, it has served the local community and visitors, balancing nature conservation with safe access.
Recently, supported by the Norfolk Superhero event, the Trust has overseen over £250,000 in restoration works to preserve the channel and combat silting. This work is a testament to the dedication and effectiveness of its volunteers.
Final Word
With the land registration nearing completion and the facts restated, I hope we can move beyond years of inaccurate claims. Holkham Estate remains committed to managing this unique environment collaboratively and transparently for the benefit of all.
Peter Mitchell
Managing Director, Holkham Estate
18 April 2025
