Professional Researchers
&
Specialist Manorial Property Agents
Advice on buying a Manorial Lordship
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1.0: Lordship Title
1.1: Lordship and reputed manors
1.2: Lords asserting manorial rights
1.3: What is a Manorial Lordship
1.4: Importance of Solicitors
1.5: Taxation
1.6: British and overseas owners and death
1.7: Land Registration Act, 2002 (LRA)
1.8: Property: Real and Incorporeal
1.9: Treasury Solicitor (BV)
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1.0: Lordship Title
A lordship is a property right otherwise known as an incorporeal hereditament, it is a specific kind of right because it exist in gross, it exist without attachment to land. Before (see 1290 Quai Emptores) new lordships could still be created in law. and land was attached to them to create and form part of the manor where the lord of the manor exercised his customary rights.
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A manor was made up of three separate elements; the lordship, the land and the rights. The extent of the manor declined as land was sold off and even when all the land was sold off the manor became extinct, and the lordship title continues as a lordship in gross.
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HM Land Registry Practice Guide 22: Manors, updated 24th June 2015, HM Land Registry point out these elements of the manorial lordship, land and rights: may exist separately or be combined. The Manorial Lordship cannot be subdivided, but the manorial land and the manorial rights can be subdivided. Quai Emptores 1290, No new sub-manors (common freeholds) can be created after 1290.
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The Lordship Title was and remains intangible, capable of being inherited and capable of being bought and sold.
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1.1: Lordships and reputed manors
A lordship is a usually legal right. Manors are dissolved when either any one of the elements of lordship, tenants or services ceases to exist or become separated from the other. this usually arises where there are sales of land out of the manor as freehold land reach the point where there is only one free tenant able to sit in the manorial court otherwise known as the court baron.
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Since the early 17th Century, royal courts have taken the view that a manorial court baron is essential to a working manor and that without it. regardless of however much land remains in the lord of the manor ownership, the manor is dissolved. This is a bit misleading because the term dissolved only applied to the cessation of the working manor.
when a manor is dissolved what remains is a 'reputed manor' otherwise known as a manor by reputation. And depending on the situation, it could be far more.
The lord of a reputed manor could have demesne lands, which he uses himself, or copyhold lands where surrenders and admittances could be taken of copyhold titles in a customary court where the lord’s steward would be the judge, And the Lord of the Manor could also be entitled to any prescriptive or customary rights that had not been severed from the lordship or the lord’s own lands (see ‘Scriven on Copyholds’ (7th edn, 1896), pp. 9-10).
Most manors in England and Wales today are reputed manors (see Roberts v Crown Estate Commissioners [2008] para 137). The process of manorial decline is represented by the sale of lands, rights or titles, the disappearance of courts baron and customary courts and the statutory enfranchisement of copyhold land in 1926, created a situation where the rights attached to the lordship of a reputed manor varied in the extent from no more than the right to use the lordship title itself to substantial rights.
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1.2: Lords of the manor asserting manorial rights
In the modern 21st century Lords of the Manor have tried to assert there manorial rights in the high court and the appellate courts with degrees of varying success. in Roberts v Swangrove Estates (2008) 01.01.08 Roberts v Swangrove Estates Ltd and others [2008] Ch 439 Date of Judgment: 20.02.08 | Court of Appeal | Mr Mark Andrew Tudor Roberts acquired the lordship of Magor in Monmouth and claimed the paper title and the freehold
tenure in the north foreshore and the seabed below low water mark in the Severn estuary to the centre of the deep water channel.
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The area of land in contention comprised thousands of acres of sand and mud flats and marsh land. Mr Mark Andrew Tudor Roberts contended that this had been the manor's legal customary rights and legal position since 1066. Mr Roberts contended that the boundaries of the manor was determined according to ancient customary or welsh laws. If the claimant Mr Mark Roberts succeeded he would have been entitled to the commercial uses of the Severn estuary; including wildfowling; shooting, sand dredging, fishing, moorings, pipe bridges and outfall structures, sheep and cattle grazing on coastal marshes, sub-sea pipelines and fibre-optic cables, and the future prospect of the possible uses for windfarms or a tidal barrage.
The Crown Estate successfully argued that it had established title to the foreshore and to the bed of the River Severn,
this land mark case also determined that the crown had a constitutional ability to acquire a freehold title by adverse possession and the effect of this was to extinguish any lordship title over the foreshore and to the bed of the River Severn.
1.3: What is a Manorial Lordship
Under the laws of real property in England, and Wales, Lordships of the manor are known as ‘estates in land.
Manorial Lordships are ‘incorporeal hereditaments’ (literally, property without body), Manors can cover a vast area of land and may include rights over and under that land, such as rights to exploit minerals under the soil, manorial waste, unregistered roads, village green and common land. Manorial rights can sometimes have a high value, because the rights are unknown and unresearched. There is no value in owning mineral rights if there are no commercially exploitable minerals, such as granite or aggregate. However there may be future value in minerals trespass, where housing developers must dig down below the surface to put in footings for buildings or roads.
As always evidence for ownership of minerals rights is largely dependent on the administration of the manor and what records may can be found in the public domain. The Land Registry require robust documentary proof of ownership and Manorial Lordships would always recommend that Lords of the Manor use a professional researcher to undertake such work, which can be time consuming and expensive.
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We are sometimes asked whether Lordships are a ‘good investment’ to which we can confirm that the average price of a Manorial Lordship was £400 in 1956; and £800 in 1977; and £2,400 in 1980; and £9,500 in 1988; and £7,500 in 1993; and £11,500 in 1999; and £8,000 for an unregistered lordship in 2023 and £14,000 for an registered lordship in 2023.
Some Manorial Lordships command a premium price because of their names: the title of Lord of the Manor of Stratford Upon Avon sold for £110,000 in 1993; and the title of Lord of the Manor of Wimbledon sold for £171,000 in 1996; and the title of Lord of the Manor of Silverstone sold for £111,375 in 2023. Manorial Lordship prices can go up and down over time so one must remember that Manorial Lordships are a long term investment steeped in British history and prestige.
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1.4: Importance of Solicitors
Manorial Lordships belong to some one and are conveyed in precisely the same way as you would convey a house. Just as you would not contemplate the purchase of a house without legal advice, so you would be unwise to contemplate the purchase of a Manor without legal advice and you should appoint an independent solicitor/attorney. Agents such as Manorial Lordships has a panel of solicitors who are well versed in this area of property law and will advise, but an intending purchaser is free to appoint any solicitor of his or her choice.
A solicitor is a qualified legal professional who provides specialist legal advice on different areas of law and is responsible for representing a client's legal interest.
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There are lots of benefits of having a solicitor, the key benefits of using a solicitor are that they will guide you every step of the way, making the process quicker and easier and avoids errors, you will be able to get advice when you need it, a solicitor has years of experience and they are up-to-date with all new legal updates and points of law.
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Solicitors will be looking whether the person or company selling the Manorial Lordship is in fact the legal owner. ‘Legal owner’ is an important in law, and is quite different from a ‘beneficial owner’ ("e.g." a beneficiary under a Will where the legal owner is the Executor or Trustee). The solicitor will also make inquiries with the seller’s solicitors about any rights that may be passed. He will also make Land Searches at HM Land Registry.
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Some Manorial Lordships have commercial valuable rights on the Manor, the first thing you need to prove are legal entitlement to these rights with a good title and conveyancing.
It is important to appoint a solicitor who will ask the right questions and who will always get the correct paperwork from the seller’s solicitor
1.5: Taxation
Value Added Tax (VAT) does not apply to the Lordship or Barony/Honour itself, however commission paid to Manorial Lordships as agents will attract VAT at the prevailing rate (20% in the UK) and the EU. Lordship owners should consult a tax accountant if they receive income from their Lordship (eg mines and minerals, manorial waste).
1.6: British and overseas owners and death
​All Manorial Lordship has a value and for all Lords of Manors, it will count as an asset upon death, unless a lifetime arrangement has already been made in writing. If you are domiciled outside the UK your Lordship is your only UK asset, you will still need a Probate Certificate, even though the value is well below the threshold for Inheritance Tax.
This is important inexpensive formality and your solicitor who acted for you to acquire the Lordship can obtain a probate certificate for a deceased estate. A Probate Certificate is important where the beneficiary wishes to sell the Manorial Lordship for a cash amount, because a purchaser’s solicitor will need evidence that it was transferred lawfully: and that no tax is due on the death of the Testator. The Probate Certificate will confirms if tax is due or not due.
1.7: Land Registration Act (LRA) (2002)
​Lords of the Manor in England and Wales were given until 13 October 2013 to register any manorial rights they may have in the Manor against properties held on the Land Register. Registration of manorial rights against unregistered properties and those which have not been sold since 2013 can still be made. Registration can therefore continue indefinitely BUT if they weren’t registered when the freehold is re-registered they lapse on re-registration.
However the change in law did not affect freehold rights in manorial waste, which is by definition freehold belonging to the manor and this can still be registered if sufficient evidence to satisfy the LRA can be presented.
The Land Registry does not require owners to register their rights, and non-registration does not mean that the Manorial Lordship or its rights are lost. It just means that the paper conveyancing continues, as opposed to electronic conveyancing today. The LRA has a goal of registering everything in the next 30 years so it might be worthwhile considering researching your Manorial Lordship before this deadline.
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The advantage of First Registration of manorial rights enabling the lord of the manor to see what is going on in that a solicitor to a house owner, landowner, or developer, wind farm operator, mineral excavation company, might apply to make a manorial rights, search of the Land Registry and your details, your name and address, or the address of your solicitor, will be available on the Land Registry certificate, you will receive a letter from a solicitor acting for some one who may wish to buy or to enter into an arrangement on your manorial rights.
Not being registered does not affect your ownership of manorial rights, it is always better to be registered because you do not need to find a developer or other individuals or companies if your rights are registered, as anyone seeking changes of use of the land where the Lord of the Manor is involved will be contacting you via your registration details.
If you discover that a developer has used a route across the manorial waste or common land, known as a ransom strip, to gain access to a number of houses a developer has built, and the houses have been built, the Civil Courts of England and Wales will not entertain a ‘late claim.’ The Courts will take what is known as the ‘balance of convenience:’ ie if you did nothing about a ransom strip before building, or other activity, took place (regardless of whether you knew about it or not), you will most unlikely succeed in any claim against the developer.
1.8: Property: Real and Incorporeal
Real property is property capable of physical possession, such as a house, a field, a wood, a painting, furniture, and so forth. Incorporeal property is incapable of physical possession. Lordships of the Manor, and Baronies are incorporeal property otherwise known as (‘incorporeal hereditaments’ otherwise known as literally property without body).
The important of both forms of property ownership is that property always belongs to some one no mater what the situation is. A majority of Manorial Lordships belong to individual persons or to trustees or a limited company, or a ‘corporation,’ such as the Corporation of the City of London, who are Lord of the Manor of the King’s Manor, in Southwark, Colleges like Oxford College are custodians of a lot of Manorial Lordships in England and Wales.
1.9: Treasury Solicitor (‘Bona Vacantia)
​Sometimes that there are no heirs to property, including Manorial Lordships and in English law, title to property must belong to, or ‘vest in’, an identifiable person or body. No property or goods are permitted to be ‘ownerless’. If legal ownership cannot be established by anyone else, it falls to the Crown to deal with the assets concerned. Such property or goods are known as ‘Bona Vacantia‘. In England and Wales, the Treasury Solicitor handles such cases on behalf of the Crown.
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Such instances include cases of intestacy where no beneficiary entitled under the law to claim an estate can be found and on dissolution of a company which still owns assets. These are administered by the Solicitor in accordance with the Administration of Estates Act 1925, the Companies Act 1985 and other relevant legislation. The procedures are substantially the same as those followed by the Treasury Solicitor elsewhere in England and Wales:
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Since it was not the intention of Parliament to deny property to lost heirs, who may live on the other side of the world and whom may be hard to locate, the Treasury does not normally seek to make sales of unclaimed property for 50 years, but maintains a protective ownership in case an heir turns up within the 50 years period. Thereafter, the Treasury comes to market with the property. Manorial Lordships are no different, from any other property and periodically Treasury (‘Bona Vacantia‘) Manorial Lordships do come up for sale ‘on the instructions of the Crown.’
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The conception of the Treasury Solicitor who deal with the (‘Bona Vacantia‘) derives from an ancient word, ‘escheat.’
Escheat is another legal principle by which the Crown can become entitled to freehold land or property. Such property will normally escheat (return) to the Crown Estate depending on where the freehold property is situated following its disclaimer by a liquidator/trustee in bankruptcy You can find out more about (‘Bona Vacantia‘) and escheat on the following website: https://www.farrer.co.uk/campaigns/bona-vacantia/
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