Lord of the Manor: Changes to ‘overriding interests’
The rules relating to manorial rights in England and Wales are changing from 12 October 2013. From this date those holding a title as lord or lady of the manor will no longer have an ‘overriding interest’ in mineral and sporting rights on the land to which their title relates.
To protect such rights moving forward, there will be a requirement to register any such manorial interests in the Land Register. Even where the surface title to such land is no longer owned by the lord of the manor i.e. the estate has been sold to a third party, manorial rights with an overriding interest can still exist. It is possible that these rights, in particular manorial mineral rights, may have significant economic value in the future where third parties want to sell an estate with clear title.
It is therefore worth considering whether to research and establish if such rights exist so that an application can be made to have such rights registered and protected. The costs of undertaking such a project as an individual would need to be carefully considered, especially as records specifying the original rights of the lord of the manor may be difficult to locate.
It is also worth noting that where an estate is held in trust, the trustees may have a duty of care when protecting the trust assets to establish whether such a claim could exist.