Q&As

The register of a title contains a note that the land was formerly customary freehold of the manor and it is subject to such rights as remain unextinguished. What does this mean in practice? Are there any searches that a buyer can carry out to reveal the existence of such rights and is it possible to obtain insurance against the possibility that they may be exercised?

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Published on LexisPSL on 30/11/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • The register of a title contains a note that the land was formerly customary freehold of the manor and it is subject to such rights as remain unextinguished. What does this mean in practice? Are there any searches that a buyer can carry out to reveal the existence of such rights and is it possible to obtain insurance against the possibility that they may be exercised?
  • Manorial rights—customary freehold
  • Discovering manorial rights

The register of a title contains a note that the land was formerly customary freehold of the manor and it is subject to such rights as remain unextinguished. What does this mean in practice? Are there any searches that a buyer can carry out to reveal the existence of such rights and is it possible to obtain insurance against the possibility that they may be exercised?

Manorial rights—customary freehold

A custom is a particular rule which has obtained either actually or presumptively from time immemorial in a particular locality and obtained the force of law in that locality, although contrary to, or not consistent with, the general common law of the realm.

The most prevalent customs met with in modern practice, at least until 1926, have been those relating to manors. The rights, powers and duties of both the lord and the tenants, freehold and copyhold, of a manor were governed to a considerable extent by special customs which differed from the general common law of England, and frequently varied in different manors. These customs regulated the mode of enjoyment of the lands within the manor, the power and mode by which manorial lands could be alienated, and the course of devolution of those lands upon the death of the owner. They were of equal authority with the general common law of England, and were equally binding

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