Manorial Rights: where did they come from and why do they still affect property deals today?

Understanding Manorial Rights in the Modern Day

Manorial rights might sound like something out of a Jane Austen novel or Game of Thrones, but they are still relevant and impact property deals today. Their conception dates back to the medieval feudal system, tying social status to legal rights. Whilst the feudal system is long gone, Manorial rights still appear in many a property transaction. When you download a title register from the Land Registry you will often see them noted. Ensuring they do not adversely affect planned development can affect the terms of a deal and timescales so they cannot be ignored.

Why do we have Manorial Rights?

Following the Battle of Hastings in the times of William the Conqueror, the feudal system took root in England. The king owned the land and shared it out amongst his nobles (or lords of the manor) who controlled their estates with significant privileges, including hunting rights and the rights to own and mine minerals. These manorial rights, often recorded in ancient deeds, were handed down through the noble families, generation-to-generation and still affect swaths of land today.

Legal Impact

Manorial rights sit separately from land ownership. You can own land but not the rights to the minerals beneath it, those minerals may have been reserved to the lord of the manor many years ago. And if they have been sold, a third party may now have the benefit of them. In some cases, the mines and minerals will be registered and have their own title.

The Land Registration Act 2002 was the biggest shake-up for manorial rights since their inception. Along with other previous overriding interests (such as chancel repair liability), manorial rights no longer affect a property by default. From 13 October 2013 if a manorial right is not registered, it is no longer considered an overriding interest. After this date the right has to be registered in order to bind so it can be lost if not. Bringing clarity to property transactions.

Why do they still matter today?

Mines and minerals exemptions are particularly important if the land is earmarked for development as a third party may own the mines and minerals underneath the land, along with an express or implied right of access to mine them. Equally other manorial rights such as rights to hunt or fish could seriously disrupt development or even sterilise the land.

Title indemnity insurance is sometimes an option for landowners or developers, if it is available on acceptable terms and at an acceptable price. But if not available, a dialogue might need to be opened with the beneficiary of the manorial rights for a release. However, negotiations to release these ancient rights can be complex and impact timings of development if not addressed early.

Reviewing the title to development land at the outset is vitally important to ensure clarity on ownership and third party rights. As a property lawyer, researching manorial rights is an interesting part of the job. Looking into them reminds us of England’s rich legal history. But when developing land, you don’t want the past to come back to haunt you!