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What Remains

Document Cited authorities 14 Cited in Related
Vincent
AuthorChristopher Jessel
Pages463-467

Chapter 28

What Remains

28.1 LORDSHIP, LAND AND BENEFITS

Over the centuries most attributes have been stripped from the manor until little is left. The following is a summary of what may remain to be held by a lord who has inherited a title or by an ancient institution and what might be available for the buyer of a manor.

First, there is the lordship – of the manor, the honour or barony, or hundred or borough. That is a title, a distinction of little importance in itself but part of the heritage of a small portion of England. It carries the right to be known as owner of a lordship even though there is no right to be called my ‘lord’. Many people value the title for its historic interest or for its association with a village or a town.

Secondly, there is land. If the lord still holds demesne he probably does not think of it as belonging to a manor. He does not distinguish his type of ownership from that of his neighbours who are not lords of manors, nor the demesne lands of the manor from the other lands he owns. But if he sells ‘the manor’ without reserving the land the buyer could argue that he has acquired valuable interests. In practice, as discussed in 26.4, it is unlikely that a court today would so construe the sale of a manor, but the risk of an argument arising from a poorly drawn sale contract remains. The outcome might be different under a will. If a lord left ‘my Manor of Dale’ to his son and the rest of his property to his daughter and the manor had (or was even reputed to have) demesne land, a family dispute could arise over the meaning of the will.

The waste (6.3) is still often associated with the manor. It is not unusual to refer to the lord of the manor as such when considering ownership of common land
(10.1) and the Commons Registration Act 1965 has given rise to many recent cases to distinguish waste not subject to rights of common which is of the manor from that which is not of the manor. Waste includes numerous scraps and pieces

464 The Law of the Manor

of land. Roadside verges (6.5), the soil of roadways laid out under inclosure awards (6.6), odd corners of uncultivated land and stream beds (6.7) may all be waste and so belong to the lord. Other land, such as village greens (19.6), millponds and mill leats (17.3) and even marketplaces (21.3) are the lord’s unless someone can claim a better title.

Thirdly, there are various rights. The most important rights are rights to minerals. In former copyhold land and in the...

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