Manorial Rights – What are they, do they affect my property, and what can I do about them?
What are manorial rights?
Dating back centuries, they are rights retained by the “lord of the manor” on the disposal of parts of manorial land. Despite their historic nature, they can still impact freehold property in the United Kingdom today.
What are the different types?
They come in different forms, and some of the most common, as set out in HM Land Registry’s Practice Guide 22, include:
- Sporting rights, permitting the hunting of game and fishing within the manor’s boundaries;
- Mineral rights, allowing the working of mines and extraction of minerals located beneath the surface of the manor’s boundaries;
- Rights allowing the holding of markets and fairs within the manor’s boundaries; and
- Rights and liabilities for the construction, maintenance and repair of dykes, ditches, canals and other works within the manor’s boundaries.
How can I find out if a property is affected by manorial rights?
Records listing these rights can be found in various archives throughout the United Kingdom. HM Land Registry also keeps an index of registered lordship titles, and these can sometimes make reference to manorial rights.
In respect of land registered at HM Land Registry, following enactment of the Land Registration Act 2002, manorial rights had to be registered at the Land Registry before 13 October 2013 if they were to be legally binding on the property in question. Therefore, if you purchased a freehold property after 12 October 2013 and there is no mention of manorial rights on the property’s updated register, you will have taken the property free from any such rights.
In respect of land not yet registered at HM Land Registry, you may be bound by manorial rights which currently exist over the property. However, on the first registration of the property at HM Land Registry, you will take the freehold property free from any manorial rights, unless the manorial rights are protected by a caution on the property, at the time of first registration.
Your solicitor should be able to determine whether your existing property, or the property you intend to purchase, is subject to manorial rights by conducting their usual property due diligence, including carrying out relevant searches.
If the freehold property in question is registered and you have access to the property’s title register, you may be able to find any rights listed, typically as unilateral notices, which are usually located in the charges register. However, it is worth noting that despite such a listing, it is not always clear what the specific manorial rights are, and you may need to review historical evidence to confirm the rights in question.
How can manorial rights impact the property?
Should they exist over your property, or the property you intend to purchase, then the holder of the manorial rights may be able to exercise the specified rights. What this means precisely depends on what types of rights they hold, but these rights can have implications on your current or intended use of the property, particularly if you have development plans for the property.
If the holders are prevented from exercising them, they may be able to take legal action against you and could look to claim damages.
Moreover, should you be looking to finance a property transaction by way of third-party finance, your lender may refuse to lend on the property, without adequate protections being in place.
What can I do to protect myself?
The first point of call is to determine whether your property, or the property that you intend to purchase, is subject to manorial rights. Our experienced Rural property team is happy to assist you in answering this question and advising you on your property affairs.
If it is established that they exist, a possible option could be to obtain indemnity insurance, which can provide financial protection for you, your lender, and any subsequent purchases, in the event of potential future claims by the holder of manorial rights. The terms of these insurance products differ between providers, but they may provide cover for compensation and costs awarded against you, damages, legal fees and any reduction in the market value of the property.
How Moore can help
If you have any questions about the topics covered in this article, please do get in touch with our Rural law team, and we would be happy to assist you.