Manorial rights can often be difficult to establish but owners of estates with land attached could retain legal rights over their land, in addition to legal rights over land that once formed part of that estate.
Land which was once part of a ‘manorial title’ would, more often than not, have manorial rights such as:
- mineral rights
- sporting rights
- the right to hold a fair or market
- rights over commons and grass verges
Many landowners may be completely unaware of the existence of these manorial rights and, if it weren’t for the enactment of the Land Registration Act 2002, would have nothing to worry about because the manorial rights would automatically override the interests of the legal landowner.
However, following implementation of the Land Registration Act 2002, manorial rights, unless registered, will lapse on 12 October 2013. After this date only those manorial rights that have been registered will override those of the legal landowner. Landowners that do not take heed could lose title to valuable mineral and sporting rights once the ownership of the land changes hands.
Trustees of landed estates should be extra vigilant because of their duty to protect and preserve the assets of the trust.
It is difficult to put a value on manorial rights but both mineral and sporting rights could prove to be lucrative for landowners, especially in light of wind farm development opportunities.
Andrew Arnott, a Partner with Saffery Champness Landed Estates & Rural Business Group comments:
“Those estates holding a Lordship of the Manor are now required to register their title at the Land Registry in order to secure their interests which might include sporting rights and, importantly, mineral rights”.
Mr Arnott goes on to say:
“Registration of title to manorial land certainly makes sense now that there is a deadline after which the rights will cease to exist. These rights may not be of much interest today, but they could well have considerable value in the future.”
Registration of manorial rights will undoubtedly involve inspection of the old title deeds going back some time as manorial rights, by definition, will need to have been created prior to 1926.
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