What are Manorial Rights?
Manorial rights reflect the lengthy history of England; they date back to Medieval times when the feudal system was in place. This was where the Monarch owned all land and distributed it among their nobles (Lords of the Manor), the estates that were owned by these Nobles came with certain privileges. The privileges were effectively what you were allowed to do on or with the land, for example the rights to own and mine minerals or sporting rights on the land, these were known as manorial rights.
Understanding their relevance in the present day
You may be wondering how these medieval rights affect us? The Lords of the Manor would pass these rights down through the generations and as a result they still affect certain areas of land.
Manorial rights are held separately from land ownership, so if you own the land then it does not necessarily mean you own the minerals underneath the land or other manorial rights.
Traditionally manorial rights were qualified as an overriding interest; in October 2013 this changed, manorial rights ceased to qualify as an overriding interest. This means they do not automatically affect the land if they have not been registered, for the right to bind they must be registered or can be lost.
Should this be a cause for concern?
If the land has changed hands post 12 October 2013, and the manorial right has not been registered at HM Land Registry, then there is no cause for concern as the buyer will take free of the interest.
However, manorial rights can still affect areas of land if the right has not been registered. To be able to register a right, the land first must be registered. If the land has not been registered at HM Land Registry, then the beneficiary can protect the manorial right by notice or caution against first registration before 13 October 2013. This means that they are notified and have the choice to register the interest upon registration of the land.
The main right which would be a cause for concern for purchasers would be the right to minerals, along with an express or implied right of access to work them. Title indemnity insurance is a possible option for landowners or developers, however the terms and price of this varies and may not be suitable. Another option would be negotiating with the beneficiary to release these rights.
Careful due diligence should be undertaken prior to any purchase to see if the land that is being acquired may be subject to these rights as they could provide difficulties particularly if the land is to be developed.
