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Enquiry into manorial rights and chancel repair liabilities

The House of Commons Justice Committee is holding a short inquiry into the matter of manorial rights following representations for their abolition subsequent to a change in the law in 2013.

Last updated on September 3rd, 2015 at 03:14 pm

Manorial rights are those rights, which were retained by lords of the manor in England and Wales (Scotland’s Parliament abolished them in 2000), to carry out certain actions on land where the freehold is owned by others. They include sporting rights, such as fishing, shooting and hunting, rights to mines and minerals and rights to hold fairs and markets.

Most of the manorial system, which dated as far back as William the Conqueror, was abolished in 1926, but manorial rights were specifically reserved as ‘overriding interests’. However, the 2002 Land Registration Act, which came into effect in 2003, gave lords of the manor 10 years to register their rights with Land Registry, or lose them. The deadline for registration was 13 October 2013, and Land Registry was inundated. Many applications were made at the last minute.

As a consequence hundreds of freeholders have received letters from the Land Registry and lords of the manor themselves, informing them of the rights over their land. Many people were completely unaware of these rights before they received the notifications.

The changes have also affected the Parochial Church Council which had to register its right to claim chancel repair liability (a liability for some landowners to contribute towards the cost of local Church of England repairs) by the same date.

Anyone who purchased a property after 12th October 2013 is not bound by these rights and liabilities if they were not registered before that date. However, if someone has received a property by inheritance or gift, the rights could still be enforceable, even if they are not registered. These registrations have also led to some people encountering difficulties in obtaining mortgages.

More information is available at www.parliament.co.uk

If you need advice or assistance regarding manorial rights or chancel repair liability, or any other property matter, please contact our property experts now.

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