Buying a property subject to Manorial Rights

If you are considering buying a property in certain areas of the UK, such as the Lake District, Northumberland and Yorkshire, you should be aware of Manorial Rights.

These ancient rights, which date back to the feudal era, are associated with Lords of the Manor who retained certain privileges over the land they sold.

In this blog, Mike Bracegirdle, head of Agriculture and Rural Affairs, will delve deeper into Manorial Rights, the types of rights that still hold relevance today, the challenges faced during their registration, and the role of indemnity insurance in facilitating property purchases in such areas.

What are Manorial Rights?

Manorial law and Rights relate to freehold land which was previously held as copyhold.

Manorial Rights are historically linked to the Lordship of a Manor and attach to the Lordship and not the land of the manor. When land was sold, the Lords of the Manor could retain specific rights over the land they disposed of. These rights that related to land retained by a lord typically encompassed three main categories:

1. Sporting Rights: This refers to the right to hunt game, fowl, and fish within the manor’s boundaries.
2. Right to hold Markets and Fairs: In the past, the Lord of the Manor had the privilege of holding markets and fairs.
3. Mineral Rights: The Lords of the Manor also retained the right to work mines and minerals located beneath the surface of the land.

When HM Land Registry register a property for the first time, they may make an entry in the property register if it appears that it contains manorial land which could still be subject to Manorial Rights to mines and minerals, or any other category.

What are Manorial Records?

Manorial Records are held by many archives and record office across the country. They are often held within landed family and estate collections and are protected under the Law of Property Amendment Act 1924.

Registration and Land Registry

An index of Manors is maintained by the Land Registry, but the index is incomplete. The registration of Manorial Rights was voluntary with no obligation on the Lords of the Manor to disclose them. Yet the property was still bound by the rights reserved. Manorial Rights were formally an ‘overriding interest’ in land which meant that even if these rights were not noted on the title register, they continued to affect the property.

Since the commencement of the Land Registration Act 2002 on 13^th October 2003, the overriding status of these rights have been removed. If Manorial Rights registration has not taken place against the title of the burdened property by way of a Notice or a Caution, the right is not legally binding.

What is a Unilateral Notice on a property?

A Unilateral Notice will be commonly found in the charges register of a property if it is registered. This notice is used to register any interest a third may have in the property or estate.

Manorial Rights which have been registered are usually noted on the title register by way of a Unilateral Notice.

What is Manorial Rights insurance?

If the property you are interested in is subject to Manorial Rights, and those rights have been protected, obtaining indemnity insurance may be the most practical option to proceed with the purchase.

Manorial Rights indemnity policies offer financial protection to the buyer against any future claims that may arise due to the Manorial Rights. It acts as a safety net and can provide peace of mind to both the buyer and the lender, allowing the transaction to move forward smoothly.

How can Butcher & Barlow help?

When reviewing the title deeds of a property, one of the most common Manorial Rights that may appear pertains to mines and minerals. However, it is essential to note that the likelihood of these rights being actively exercised is relatively low. This is primarily due to the inaccessibility of mines and minerals resulting from property development.

In the absence of explicitly stated surface access rights in the deeds, the owner of Manorial Rights will only have the ability to access minerals underground. This situation can lead to significant challenges for the Manorial Rights owner, as they will be required to navigate numerous statutory requirements for exploration and extraction.

At Butcher & Barlow, our experienced Property team specialises in investigating and gathering comprehensive information about any Manorial Rights registered against your property. We will provide you with expert advice, ensuring that you have a clear understanding of the situation before proceeding with the purchase.

It is crucial for property buyers to be aware of the implications and limitations associated with Manorial Rights, particularly those related to mines and minerals. By having a thorough understanding of these rights, you can make informed decisions when investing in property. Should you have any concerns or questions about Manorial Rights, do not hesitate to reach out to our experienced team for guidance.

Mike can be contacted on 01606 334309 or emailed mbracegirdle@butcher-barlow.co.uk