Manorial Rights – What are they?

In medieval Europe, under the feudal system, the lord of the manor would allow local inhabitants to occupy and work open land within the manor in return for payment or services. In addition, the lord of the manor retained rights over the land. These manorial rights attached to the lordship (i.e. the title ‘lord of the manor’) and not to the land of the manor.

Manorial rights can still exist in relation to land that:

• is former copyhold land -this was a form of tenure which sat alongside freehold and leasehold tenure. It existed subject to certain manorial rights which could be exercised by the lord of the manor. Copyhold was abolished by the Law of Property Act 1922 and the Law of Property Act 1925  converted a copyhold to a freehold or leasehold title. However the lord’s manorial rights were preserved ; or
• was inclosed pursuant to an inclosure award – the inclosure of common land, allowing it to be owned privately, has taken place since the 12th century and in the 18th and 19th centuries numerous Inclosure Acts were passed. Awards under these Acts sometimes preserved the rights of the lord of the manor

A lord of the manor may exercise certain rights usually known as ‘manorial incidents’. Such rights could no longer be created after 1925. The main manorial rights can be summarised as:

• the lord’s sporting rights
• the lord’s or tenant’s rights to mines or minerals
• the lord’s right to hold fairs and markets
• the lord’s or tenant’s liability for the construction, maintenance and repair of dykes, ditches, canals and other works

These are just examples and it does not necessarily follow that such rights are legally exercisable.   Whilst an index of manors is maintained by HM Land Registry, it is incomplete because registration was voluntary and even the lordships that were registered did not always disclose what, if any, manorial rights were associated with the lordship. The index has been closed to new registrations since 13 October 2003.

An owner of manorial rights which are claimed to affect a registered estate can protect those rights by either:

• substantive registration of them in their own right
• protecting them by way of an agreed or unilateral notice against the title

Prior to 13 October 2013, manorial rights were not registrable at HM Land Registry in relation to registered land as they qualified as overriding interests. As of 13 October, manorial rights ceased to qualify as overriding interests. Where a manorial right has not been protected by notice or caution against first registration before 13 October 2013, it does not automatically cease to exist on that date. They can still be protected provided they bind the then registered proprietor and the land will remain subject to the interest.

However, unless such a notice is already entered, a person who acquires the registered estate for valuable consideration by way of a registrable disposition after 12 October 2013 will take free from that interest. Until such a disposition is registered the person having the benefit of the interest may apply to protect it by entry of notice.

So there are still areas today where these manorial rights can be relevant, where the land has not changed hands for value post 12 October 2013.

Mineral rights deriving from manorial rights are not usually a serious problem for a landowner as the lord of the manor generally cannot work them without both the landowner’s consent and also the statutory permissions (including minerals planning permission) that are required for mining and extraction.  However, manorial rights may have a potential nuisance value as regards future development of the surface land (on the basis that the development may involve a trespass into strata which are the subject of mineral rights or may prejudice future exploitation of any minerals which are present). Landowners may need to consider negotiating for a release of whatever rights may exist or seek indemnity insurance.