A Guide to Manorial Rights
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Manorial rights are ancient legal rights that originated under the medieval feudal system and were held by the lord of a manor.
Although the feudal system has long since disappeared, certain manorial rights can still exist today and may affect land ownership and development.
These rights are attached to the lordship title itself rather than to the land that once formed part of the manor.
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Historical Background
Under the medieval manorial system, a lord of the manor controlled land within a manor and allowed local people to occupy and work portions of it in exchange for rent, services, or other obligations. While tenants occupied and farmed the land, the lord often retained various rights over it.
Some of these rights have survived into modern times and may still affect land today.
Land Potentially Affected by Manorial Rights
Manorial rights can continue to exist in relation to:
1. Former Copyhold Land
Copyhold was a form of land tenure that existed alongside freehold and leasehold ownership. Copyhold land was held according to the customs of the manor and was subject to certain rights exercisable by the lord of the manor.
Copyhold tenure was abolished by the Law of Property Acts of 1922 and 1925. Existing copyhold land was converted into either freehold or leasehold ownership, but certain manorial rights were preserved.
2. Land Subject to an Inclosure Award
Common land was gradually enclosed and converted into private ownership over several centuries. During the 18th and 19th centuries, numerous Inclosure Acts were passed.
Some inclosure awards specifically preserved rights in favour of the lord of the manor, meaning those rights may still exist today.
Common Types of Manorial Rights
The rights that may survive are often referred to as manorial incidents.
No new manorial incidents could be created after 1925, but existing rights may continue where legally preserved.
Examples include:
- Sporting rights (such as rights to hunt, shoot, or fish).
- Rights to mines and minerals beneath the land.
- Rights to hold fairs and markets.
- Rights or liabilities relating to the construction, maintenance, and repair of dykes, ditches, canals, and similar works.
The existence of a historical right does not automatically mean it remains legally enforceable today. Each right must be considered on its own facts and legal history.
HM Land Registry and Manorial Rights
HM Land Registry maintains a historical index of registered manors. However, the index has significant limitations:
- Registration of lordships was voluntary.
- Registration did not necessarily record any associated manorial rights.
- The register of manors was closed to new registrations on 13 October 2003.
As a result, the absence of a manor from the index does not necessarily prove that manorial rights do not exist.
Protection of Manorial Rights
Owners of manorial rights may seek to protect those rights against registered land by:
- Registering the rights in their own right where appropriate.
- Entering an agreed notice or unilateral notice against a registered title.
The Significance of 13 October 2013
Before 13 October 2013, manorial rights could bind land as overriding interests, meaning they did not need to be registered to affect purchasers.
From 13 October 2013, manorial rights generally ceased to have overriding status.
This does not mean that all unregistered manorial rights automatically disappeared. Instead:
- Rights that already affected a registered title could continue to exist.
- The rights may still be capable of protection by registration in certain circumstances.
- Whether they remain enforceable depends on the ownership history of the affected land.
Purchases After 12 October 2013
Where land is acquired for valuable consideration through a registrable disposition after 12 October 2013, a purchaser will generally take the land free from an unprotected manorial right.
This change significantly reduced the circumstances in which historic manorial rights can affect modern landowners.
However, there remain situations where rights may still be relevant, particularly where land has not changed hands for value since that date.
Practical Relevance Today
For many landowners, manorial rights have little practical impact.
Mineral Rights
Mineral rights are among the most common surviving manorial rights. However, even where a lord of the manor owns minerals beneath land, extraction is generally not straightforward.
The holder of mineral rights will typically require:
- The landowner’s cooperation or consent.
- Appropriate statutory permissions.
- Relevant planning permissions for mineral extraction.
Development Risks
Manorial rights may become more significant where development is proposed.
Potential issues include:
- Allegations that foundations or underground works trespass into strata subject to mineral ownership.
- Claims that development could interfere with future mineral extraction.
- Delays, objections, or additional legal costs during property transactions.
In some circumstances, developers or landowners may choose to:
- Negotiate a release of the rights.
- Obtain indemnity insurance.
- Investigate the validity and enforceability of the rights before proceeding.
Frequently Asked Questions (FAQs)
Do manorial rights still exist?
Yes. Certain manorial rights can still exist today, although their practical effect is often limited and many have become increasingly difficult to enforce.
Does a manorial rights entry mean someone owns my land?
No. Manorial rights do not usually affect ownership of the surface land itself. They are separate rights that may exist over or beneath the land.
Can someone mine beneath my property without permission?
Generally not. Even where mineral rights exist, the holder will usually need statutory permissions and may require access rights or agreements before any extraction can take place.
If manorial rights are not registered, do they automatically disappear?
Not necessarily. The position depends on the history of the land and whether any relevant disposition has occurred since 12 October 2013.
How can I find out if my property is affected?
You may wish to:
- Review your title register and title plan.
- Check for notices entered at HM Land Registry.
- Examine historical deeds and conveyances.
- Obtain specialist legal advice where development is proposed.
Should I be concerned if manorial rights appear on my title?
Not always. Many registered manorial rights never result in practical issues. However, they can become important where significant development, mineral extraction, or future land transactions are involved.
Can manorial rights be removed?
Potentially. Depending on the circumstances, rights may be challenged, released by agreement, or insured against. The appropriate approach will depend on the nature and validity of the right.
Are all former manors recorded by HM Land Registry?
No. Registration of manors was voluntary, and the historical index is incomplete. The register was also closed to new registrations in 2003.