Lord of the manor
Lord of the manor is a title that, in
In the British Crown Dependencies of Jersey and Guernsey the equivalent title is Seigneur.
A
Background
The manor formed the basic unit of land ownership within the baronial system. Initially in England the feudal "baronial" system considered all those who held land directly from the king by
Magna Carta (which had been first issued in 1215) had declared that "No free man shall be seized, imprisoned, dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers", and thus this body of greater Barons with a right to attend parliament were deemed to be "peers" of one another, and it became the norm to refer to these magnates collectively as the "peerage" during the reign of Edward II. Meanwhile the holders of smaller fiefdoms per baroniam ceased to be summoned to parliament, and instead lesser barons of each county would receive a single summons as a group through the sheriff, and representatives from their number would be elected to attend on behalf of the group (this would later evolve into the House of Commons). This meant the official political importance of ownership of manors declined, eventually resulting in baronial status becoming a "personal" title rather than one linked to ownership of territory. The lesser Baronial titles, including Lordships of the Manor, therefore were not incorporated into the peerage. It is understood that all English Feudal Baronies that were not Lordships of the Manor and had not been upgraded into a peerage, were abolished by the Tenures Abolition Act 1660, passed after the Restoration, which took away knight-service and other legal rights. This left Lordships of the Manor as the sole vestige of the English feudal system. Like their English counterparts, by 1600 manorial titles in the formerly Norman territories in France and Italy did not ennoble their holders in the same way as did, for example, a barony in these territories.
Lordships of the Manor often have certain feudal era rights associated with them. The exact rights that each manor holds will be different: the right to hold a market, a right over certain waterways or mineral deposits are all within scope.[2]
Types
Historically a lord of the manor could either be a
In medieval times the manor was the nucleus of English rural life. It was an administrative unit of an extensive area of land. The whole of it was owned originally by the lord of the manor. He lived in the big house called the manor house. Attached to it were many acres of grassland and woodlands called the park. These were the "demesne lands" which were for the personal use of the lord of the manor. Dotted all round were the enclosed homes and land occupied by the "tenants of the manor".
Tenancy
In
Sub-tenancy
Military service was based upon units of ten knights (see knight-service). An important tenant-in-chief might be expected to provide all ten knights, and lesser tenants-in-chief, half of one.[clarification needed] Some tenants-in-chief "sub-infeuded", that is, granted, some land to a sub-tenant. Further sub-infeudation could occur down to the level of a lord of a single manor, which in itself might represent only a fraction of a knight's fee. A mesne lord was the level of lord in the middle holding several manors, between the lords of a manor and the superior lord. The sub-tenant might have to provide knight-service, or finance just a portion of it, or pay something purely nominal. Any further sub-infeudation was prohibited by the Statute of Quia Emptores in 1290. Knight-service was abolished by the Tenures Abolition Act 1660.
Manorial courts
Manors were defined as an area of land and became closely associated to the
Later history
The tenure of the freeholders was protected by the royal courts. After the Black Death, labour was in demand and so it became difficult for the lords of manors to impose duties on serfs. However their customary tenure continued and in the 16th century the royal courts also began to protect these customary tenants, who became known as copyholders. The name arises because the tenant was given a copy of the court's record of the fact as a title deed.
During the 19th century, traditional manor courts were phased out. This was largely because by the mid 17th century, large English cities had leading residents such as
By 1925, copyhold tenure had formally ended with the enactment of Law of Property Acts, Law of Property Act 1922 and Law of Property (Amendment) Act 1924, converting copyhold to fee simple. Although copyhold was abolished, the title of Lord of the Manor remains, and certain rights attached to it will also remain if they are registered under the Land Registration Act 2002. This Act ended manorial incidents unprotected by registration at the Land Registry after October 2013.[12] The Land Registration Act 2002 does not affect the existence of unregistered lordships after October 2013, only the rights that would have previously been attached to the same.
During the latter part of the 20th century, many of these titles were sold to wealthy individuals seeking a distinction. However, certain purchasers, such as
Use of style
The holder of a lordship of the manor can be referred to as Lord or Lady of the manor of [Placename], or Lord or Lady of [Placename], for example Lord or Lady of Little Bromwich, this shortining is permitted as long as "of" is not omitted and the name of the holder is included before as not to imply a peerage. [17][1][18] The style 'Lord of the Manor of X' or 'Lord of X' is, in a sense, more of a description than a title, somewhat similar to the term Laird in Scotland.[19] King's College, Cambridge has given the view that the term 'indicated wealth and privilege, and it carried rights and responsibilities'.[20]
It is debated[
Manorial rights or incidents
Since 1965 lords of the manor have been entitled to compensation in the event of compulsory purchase.[25] Before the Land Registration Act 2002 it was possible for manors to be registered with HM Land Registry. No manorial rights could be created after 1925, following entry into force of the Law of Property Act 1922. Manorial incidents, which are the rights that a lord of the manor may exercise over other people's land, lapsed on 12 October 2013 if not registered by then with the Land Registry. This is a separate issue to the registration of lordships of manors, since both registered and unregistered lordships will continue to exist after that date. It is only their practical rights that lost what is called 'overriding interest', or in other words the ability to affect land even if the interests or rights are not registered against that land, as of 12 October 2013. Manorial incidents can still be recorded for either registered or unregistered manors; however, proof of existence of the rights may need to be submitted to the Land Registry before they will be noted and they may not be registered at all after affected land is sold after 12 October 2013. This issue does not affect the existence of the title of lord of the manor.[1] There have been cases where manors have been sold and the seller has unknowingly parted with rights to unregistered land in England and Wales.[13]
Present day
A manorial lordship or ladyship is not connected to the English or British
Feudal lordships of the manor therefore still exist today (2023) in English property law, being legal titles historically dating back to the Norman invasion of England in 1066. Being incorporated into property law (whether physical or non-physical) they can be bought and sold, as historic artifacts. The title itself as stated below can be separated from the physical property just as any other right can. Rights like the lordship, mineral and sporting can all be separate from the physical property. The title since 1290 cannot be sub-divided (Subinfeudation). Land, sporting rights, and mineral rights can be separated. Property lawyers usually handle such transactions.
There are three elements to a manor (collectively called an honour):
- the lordship or dignity – the title granted by the manor,
- the manorial– the manor and its land,
- the seignory – the rights granted to the holder of the manor.
These three elements may exist separately or be combined, the first element being the title may be held in moieties and may not be subdivided, this is prohibited by the statute of Quia Emptores preventing subinfeudation whereas the second and third elements can be subdivided.[1] Although manorial lordship titles today no longer have rights attached to them, historically the lordship title itself had the power to collect fealty (i.e. services) and taxes.[26][27]
The
Ownership of a manorial lordship can be noted on request in British passports through an official observation worded, 'The Holder is the Lord of the Manor of ................'.[16][30][31]
Land claims
The issues of land claims were raised in the
In 2007, a caution against first registration caused houses to stop selling in
In reports about the Alstonefield case, the BBC stated, "Scores of titles are bought and sold every year, some like the one Chris Eubank bought for fun, others seen as a business opportunity. It is entirely lawful, and there is no doubt the titles can be valuable. As well as rights to land like wastes and commons, they can also give the holder rights over land." The report goes on to say that the Law Commission in England and Wales were considering a project to abolish feudal land law but would not review manorial rights.[13]
In many cases, a title of lord of the manor may not have any land or rights, and in such cases the title is known as an 'incorporeal hereditament'. Before the Land Registration Act 2002 it was possible to volunteer to register lordship titles with the Land Registry; most did not seek to register. Dealings in previously registered Manors are subject to compulsory registration; however, lords of manors may opt to de-register their titles and they will continue to exist unregistered.[1] Manorial rights such as mineral rights ceased to be registerable after midnight on 12 October 2013.[32]
Mineral ownership
There were fears in 2014 and earlier,[33] that holders of the manorial rights would allow fracking under the homes and near local communities of people living within the manorial estate after a disclosure that 73,000 applications to assert manorial mineral rights had been received by the Land Registry. Many of the applications received were from the Duchy of Lancaster and the Duchy of Cornwall asserting their historic "manorial mineral ownership".[34]
See also
- Peerages in the United Kingdom
- English feudal barony
- Feudalism
- Subinfeudation
- Mesne lord
- Fief
- Gentry
- Manor house
- Laird
- Esquire
- Squire
- English land law
Notes and references
Notes
References
- ^ a b c d e f "Land Registry Practice Guide 22".
- ^ https://committees.parliament.uk/writtenevidence/52466/pdf/
- )
- ^ "A Short History of Land Registration in England and Wales" (PDF). p. 3. Archived from the original (PDF) on 18 November 2007.
- ISBN 9781584772620.
- ^ A digest of the laws of England respecting real property, Volume 5 page 3 item 8
- ^ a b Lord and peasant in nineteenth century Britain, London : Croom Helm; Totowa, N.J. : Rowman and Littlefield, 1980. Chapter 1 from page 15 & 16
- ^ White's History, gazetteer and directory of the West Riding of Yorkshire 1837. 1837. Retrieved 14 April 2020.
At the request of John Harrison, the founder of St. John's Church, who thought that the possession of the manor by a single individual, a resident in the place, would give him too great a superiority over his fellow townsmen, and expose him to considerable odium, Mr Sykes permitted him and several other gentlemen to become joint purchasers with him, reserving only one share for himself and another for his son. It has ever since been divided into nine shares.
- ^ "Reports of All the Cases Decided by All the Superior Courts Relating to Magistrates, Municipal, and Parochial Law". Law Times Office. 1873. p. 407. Archived from the original on 26 February 2019. Retrieved 26 February 2017.
- ISBN 9781135836450. Archivedfrom the original on 26 February 2019. Retrieved 26 February 2017.
In the 1830s, William Lupton left his widow with land..... in Merrion and Belgrave streets (Briggate)...the enclosed fields of the manor of Leeds were already occupied by a woollen mill and its reservoir and the house and outbuildings of William Lupton – a gentleman merchant
- ^ 'Townships: Manchester (part 2 of 2)', in A History of the County of Lancaster: Volume 4, ed. William Farrer and J Brownbill (London, 1911), pp. 230-251. British History Online http://www.british-history.ac.uk/vch/lancs/vol4/pp230-251 [accessed 5 December 2023].
- ^ "Protecting Manorial Rights". Farrer & Co. Briefings. 2010. Archived from the original on 24 March 2012. Retrieved 21 June 2011.
- ^ a b c d "To The Manor Bought". BBC News. 31 July 2007.
- ^ Hinks, Frank (4 September 2008). "To the manor bought". Legal Week. Archived from the original on 18 November 2008. Retrieved 5 September 2008.
- ^ a b Hansard, 3 February 2004 : Column 204WH, 3 February 2004 : Column 205WH
- ^ a b "Titles included in passports" (PDF). Home Office. United Kingdom.
- ^ "About". The Manorial Society of Great Britain. Retrieved 12 January 2024.
- ^ "Lord or Lady of West Bromwich nobility title to be auctioned for £20,000". ITV News. 22 August 2023. Retrieved 27 August 2023.
- ^ "The Court of the Lord Lyon, Lairds". Archived from the original on 28 July 2012. Retrieved 13 January 2019.
- ^ King's College Cambridge, Estates: Lord of the manors
- ^ Reuter, T. (1997). The Companion to Historiography. London: M. Bentley. p. 167.
- ^ a b "Can I buy a British title?" Archived 27 July 2011 at the Wayback Machine (page from British embassy in US)
- ^ Justice of the Peace Local Government Law (legal journal)
- ^ Selden, J. (1672). Titles of Honor: By the Late and Famous Antiquary John Selden of Inner Temple, Esquire (Third ed.). London: Thomas Dring. p. 570.
- ^ "Compulsory Purchase Act 1965". legislation.gov.uk. HMSO. Retrieved 19 August 2014.
- ^ "The British Titles System | The Barony of North Cadbury, Somerset, England". baronyofnorthcadbury.com. Retrieved 11 August 2022.
- ^ Manorial Counsel Ltd. (23 January 2015). "Lordship Rights in Law - Manorial Counsel Limited". Manorial Counsel. Retrieved 2 August 2022.
- ^ "Manorial Records". The National Archives.
- ^ "Manorial Records in The National Archives Legal Records Information 1, 5. Court Rolls". The National Archives.
- ^ Young, John H. (1881). Our Deportment, Or the Manners, Conduct and Dress of the Most Refined Society; Including Forms for Letters, Invitations, Etc., Etc. Also, Valuable Suggestions on Home Culture and Training. Detroit, Mich./Harrisburgh, Pa./Chicago, Ill: F.B. Dickerson & Co./Pennsylvania Publishing House/Union Publishing House.
- ^ Dodd, Charles R. (1843). A manual of dignities, privilege, and precedence: including lists of the great public functionaries, from the revolution to the present time. London: Whittaker & Co. p. 248.
- ^ "Land Registry Practice Guide 66 – Overriding interests losing automatic protection in 2013". February 2011. Archived from the original on 13 June 2011. Retrieved 21 June 2011.
- ^ Gray, Louise. "'Lords of the Manor' to cash in on 'fracking'". Telegraph. Archived from the original on 5 November 2011. Retrieved 7 February 2014.
- ^ Gosden, Emily. "Fracking fears as landowners lay claim to ancient rights". Telegraph. Archived from the original on 16 January 2014. Retrieved 7 February 2014.
Further reading
- ISBN 0863322581