Legal News

Committee launches inquiry into manorial rights

Picture of medieval Lord of the Manor for Your Expert Witness storyThe House of Commons Justice Committee has begun an inquiry into manorial rights following a spate of applications to register remaining rights prior to the deadline of 13 October 2013.

According to the background to the inquiry, the Land Registry describes manorial rights as rights which were retained by lords of the manor when land became freehold. They can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets.

Those rights were specifically preserved in 1926 when other aspects of the manorial system were abolished; however, following changes introduced by the Land Registration Act 2002 they lost their overriding status in relation to properties if they were not protected by being registered before last October’s deadline.

Quoted in an article in the Law Society Gazette, Kim Thomas, spokesperson for the protest group Peasants’ Revolt, said:  “Manorial rights are a ridiculous feudal relic that have no place in the 21st century. The idea that a lord of the manor can still exercise his right to hunt, shoot, fish or mine on residents’ property is completely outlandish. Scotland abolished manorial rights several years ago, and we hope that as a result of the justice committee enquiry, the UK Parliament will do the same.”

The large number of applications to enter a notice claiming manorial rights on properties in England and Wales which were made to the Land Registry has caused alarm among many freeholders, resulting in the Justice Committee receiving a number of representations calling for the abolition of manorial rights.

As there are currently no plans to abolish those rights, the Committee decided to carry out a short inquiry into manorial rights in order to instigate a debate on the current situation and inform any possible future review.

It has invited interested organisations and individuals to submit written evidence to the inquiry. The Committee has stated it would be particularly interested in receiving evidence related to specific points, but submissions may address any aspect of the current laws and procedures in relation to manorial rights that may be of relevance to the Committee’s inquiry.

The specific points listed are:

• The recent incidence of manorial rights being exercised, and the impact upon landowners

• The arguments for and against the abolition of manorial rights

• The implications of abolishing manorial rights, including the cost of any appropriate compensation that may be required.

The Committee has stressed it is unable to accept evidence referring to individual cases which are before the courts, except in relation to judicial review of a ministerial decision, which may be referred to in evidence. Individual cases in which there are no live legal proceedings may be referred to in evidence, but the Committee is not permitted to take any action to investigate or intervene in such cases.

The deadline for submission of evidence is 5 September.