Property prices could suffer due to 'manorial rights' row
01-23-2015
MPs express concerns over feudal-style powers allowing the 'lord of the manor' to claim rights over landowners' property 
The Marquess of Salisbury sent legal letters to residents of Welwyn Garden City claiming 'manorial rights' Photo: Andrew Crowley
David Barrett
By David Barrett, Home Affairs Correspondent
Thousands of homeowners could see property values plummet after a deluge of applications by “lords of the manor” to register ancient rights over their land, a new report warns.
New figures disclose a surge of applications to register “manorial rights” following flawed legislation drawn up by the former Labour government in 2002.
The “anachronistic” legal powers which date back to feudal times allow lords of the manor to claim rights over property, even if the owner possesses the freehold.
It means claimants can – in theory – mine underneath the land for minerals; hunt, shoot and fish on the property; and stage fairs or markets in the area.
In the report, the Commons’ all-party justice select committee calls on the Government’s legal advisers to review the operation of manorial rights.
It said there were fears homeowners could be saddled with significant legal fees over disputed manorial claims, which could also delay property sales, and potentially affect house prices.
The report disclosed Ministry of Justice figures which showed 84,000 manorial rights notices were registered between December 2012 and July 2014.
Only 3,200 notices had been registered in the previous decade, and the surge was due to holders of manorial rights rushing to meet an autumn 2013 deadline set by Labour’s 2002 Land Registration Act, which attempted to reform manorial claims, the report said.
However, papers submitted to MPs by the justice department said: “New applications affecting other properties may continue to be made for the foreseeable future.”
The report did not estimate how many claims could still be made, but it noted that the Land Registry has records of a further 116,500 manorial rights claims on title deeds.
Sir Alan Beith MP, chairman of the committee, said: “House owners were astonished to find manorial rights registered on their properties, and worried that this would affect them when selling the house or getting a mortgage.
“The lack of understanding of such rights, and the way the registration process was carried out and communicated, has led to understandable concerns and anxieties.
“We have had numerous representations, both from MPs on their constituents’ behalf, and from individual members of the public affected by registrations on their properties, most notably in Anglesey and in Welwyn Garden City.
“They all called for either the abolition of these rights or a review of the law.”
The person claiming manorial rights does not have to prove their application to the Land Registry.
The first thing most homeowners learn about the legal influence over their property is when the agency sends them a letter telling them a claim has been lodged on their deeds.
“In Welwyn Garden City … in October 2013 around 500 households in the Handside area received notices from the Land Registry informing them that Lord Salisbury had registered claims to manorial rights over their properties,” the report said.
It urged claimants in “dense urban residential areas”, such as Lord Salisbury, a former Conservative Party leader in the House of Lords, to consider “whether it may be more prudent to withdraw such claims”.
Evidence to the committee from groups which support manorial rights, such as some business and landowner groups, told the committee that abolishing them could lead to legal challenges under human rights legislation, and possible compensation claims.
Opponents said manorial rights were “a relic of a system designed over 1,000 years ago under William the Conqueror”.
Lord of the manor titles can be bought and sold, and some are held by charitable and educational institutions.
Claims on 4,000 properties on Anglesey, North Wales, were lodged by Stephen Paul Hayes after he purchased the title “Lord of the Manor of Trefos”, but they have since been dropped, the report said.
Other areas subject to manorial claims include Bewcastle in Cumbria, parts of Lincolnshire and Delamere in Cheshire.
The committee urged the Law Commission to review whether the law should be changed.