Manorial rights were formally an overriding interest in land until the law was changed by the Land Registration Act 2002. This meant that these rights continued to affect property even if they were not shown on the title deeds. However, on the 13th October 2013, the overriding status of these rights were removed. Lots of people have since received letters relating to the registration of these rights and we have received enquiries from people as to what they can do about them. The main intention of Land Registration Act 2002 was to ensure that all matters affecting property are apparent from inspection of the title deeds (now referred to as the Registers of Title).
Owners of Manorial Rights now need to register their interest against the title to a property. Notices can still be registered against the property. There is one exception to this. If the property has been sold since the 13th October 2013, it is now not possible to register such an interest against any property.
Manorial rights are rights that the lord of the manor could exercise over land. These rights as well as containing ownership of the minerals within the land also include sporting rights, such as hunting, market and fair rights.
In respect of the legal position for mines and minerals, the lord of the manor still owns the minerals beneath the ground, however, they would require the land owner’s permission to enter the land in order to mine for these minerals. This is also the position with many Cumbrian properties. It is quite often now to state that the mines and minerals are excluded from the title to the property. You may have seen this wording on your own title deeds. In this instance the mines and minerals are most likely owned by the Coal Authority, although they would still require your consent to enter your property to mine for any minerals. More information on the Coal Authority is found in your coal authority search that is normally carried out on a purchase of a property in a past coal mining area.
There is also some confusion with peoples understanding of the other rights reserved for the Lord of the Manor, such as market and fair rights. These in theory grant an right in which fairs and markets can be held. This does not, however, allow the lord of the manor to hold a market on your property where even where such rights have been registered.
With regard to sporting rights, as with mines and minerals, the Lord of the Manor would require access to your property in order to exercise these rights, however, such rights cannot be lawfully exercised within a residential area.
If you are purchasing a property and there is a notice registered in respect of Manorial Rights, it would be incredibly difficult and highly unlikely that these rights could actually be exercised over the property. There is no evidence to suggest that such a notice will have any effect on the saleability or value of a property.
If you are concerned or require more information relating to the above please contact our residential conveyancer Joanne Bowmer on 01900 602 235 or by email at JBowmer@paisleys.co.uk