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The Law of the Manor 3rd Edition

The Law of the Manor 3rd Edition

Name: The Law of the Manor 3rd Edition
Brand: Wildy, Simmonds and Hill Publishing
SKU: 9780854903054
Price: 2535.00 HKD
Availability: InStock
Author: Christopher Jessel
ISBN: 9780854903054

By Christopher Jessel

Wildy, Simmonds and Hill Publishing November 2024

Specifications

ISBN-13: 9780854903054
Publisher: Wildy, Simmonds and Hill Publishing
Publication: November 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

The Law of the Manor now in its third edition, is the definitive work on the subject. The author provides detailed and comprehensive coverage for practitioners. Those owning, managing, selling, or buying historic houses and estates will also find the book of value; delivering as it does a modern description of the law associated with lordships of the manor.

Principally concerned with the lands and rights of lords, the book also considers rights that can be claimed against them. These are put in context with a discussion of associated topics such as franchises and titles of nobility.

This new edition has been substantially revised. There is a new chapter on the Land Registration Act 2002 and extended coverage of manorial mineral and sporting rights, of roadside verges and of the lost ways which are expected to lose public status in 2031. The book takes account of the House of Commons Justice Committee Report in 2015. It considers several recent cases including Wynne-Finch v Natural Resources Body for Wales [2021] EWCA Civ 1473, R (Littlejohns), v Devon County Council [2016] EWCA Civ 446, Southwark Borough Council v Transport for London [2018] UKSC 63 and R (Strack) v Secretary of State for Environment, Food and Rural Affairs [2024] EWCA Civ 420.

New material has been included on the conversion of waste of the manor to occupied land, roadside verges and town and village greens. There is also greater coverage of legal authorities including over fifty decisions since the first edition and a selection of useful precedents for the practitioner.

The text is arranged in five parts. Part 1 describes the context, summarises the history and analyses custom which is the basis of manorial law. Part 2 describes the lands of tenants and lords and the relations between them. Part 3 discusses rights and comprises a detailed commentary on section 62(3) of the Law of Property Act 1925. The book covers rights of common, mineral, and sporting rights, courts and remaining revenues. Part 4 sets the manor in the context of other institutions, namely the church, towns and feudal relationships. Part 5 summarises and looks at the modern manor, its documents, conveyancing (with particular reference to registered land) and taxation, concluding with suggestions for reform.

Preface to Third Edition; Introduction; Principal Sources; Table of Statutes and Other Laws; Table of Statutory Instruments; Table of Cases; List of Abbreviations; Glossary; PART I - ROOTS; 1 Description and History; 1.1 The manor as an idea and a place; 1.2 Domesday Book and after; 1.3 Farmland; 1.4 Buildings; 1.5 Waste and outliers; 1.6 Size; 1.7 Variety; 1.8 Manor and village; 1.9 Decline; 2 Custom; 2.1 Custom and the manor; 2.2 Local; 2.3 Ancient and continuous; 2.4 Reasonable; 2.5 Certain; 2.6 Services; 2.7 Inheritance and disposition; 2.8 Enjoyment; 2.9 Extinction of custom; PART II - LANDS; 3 Freehold and Copyhold; 3.1 Nature of copyhold; 3.2 Tenure; 3.3 Certain and uncertain tenure; 3.4 Free and unfree tenure; 3.5 Common and customary tenure; 3.6 Surrender and admittance; 3.6.1 Title to copyholds; 3.6.2 New copyholds; 3.6.3 Leases of copyholds; 3.6.4 Acquisition of copyhold by lord; 3.7 Enfranchisement; 3.7.1 Common law enfranchisement; 3.7.2 Statutory enfranchisement 1841 to 1925; 3.7.3 The Law of Property Act 1922; 3.7.4 Preserved rights; 3.8 Tenures today; 4 The Lands of the Lord; 4.1 Demesne and other land; 4.2 Management and leases; 4.3 Waste and commons registration; 4.3.1 Meaning of waste; 4.3.2 The Commons Registration Act 1965; 4.3.3 The Commons Act 2006; 4.4 Types of waste; 4.5 Balks; 4.6 Unclaimed land of unknown lords; 4.6.1 Title; 4.7 Loss of waste; 5 Parcels and Escheat; 5.1 Limits of the manor; 5.2 Outliers and distributed lands; 5.3 Subinfeudation and Quia Emptores 1290; 5.4 Rule against enlarging manor; 5.5 Rule against land reverting to manor; 5.6 Escheat; 5.6.1 Former copyhold land; 5.6.2 Escheat as reverter; 5.6.3 Operation of escheat; 6 Inclosure; 6.1 Nature of inclosure; 6.2 Unilateral inclosure; 6.2.1 Approvement and assarting; 6.2.2 Commonable fields; 6.2.3 Adverse possession; 6.3 Inclosure by agreement; 6.4 General statutory inclosure; 6.5 Piecemeal statutory inclosure; 6.6 Private and public rights; 6.7 Hedges in inclosure acts; 7 Legal and Reputed; 7.1 Creation and acquisition of manors; 7.2 Proving the manor; 7.3 Division by operation of law; 7.4 Dissolution; 7.4.1 Loss of lordship; 7.4.2 Loss of tenants; 7.4.3 Separation; 7.5 Reputed manors; PART III - RIGHTS; 8 Manorial Rights; 8.1 Rights and the manor; 8.2 Corporeal and incorporeal; 8.2.1 Incorporeal hereditaments; 8.2.2 The Law of Property Act 1925 s 62(3); 8.3 Property and possession, substance and revenue; 8.4 Incidents, appurtenances and other rights; 8.5 Manorial or seigniorial rights; 8.5.1 In general; 8.5.2 In inclosure acts; 8.5.3 On enfranchisement; 8.5.4 Profits and easements; 8.6 Conclusion; 9 Commons and Greens; 9.1 Common land; 9.2 Background to reform; 9.3 The current legislation; 9.3.1 The Commons Registration Act 1965; 9.3.2 The Commons Act 2006; 9.4 Creation, acquisition and extinction; 9.4.1 The old law; 9.4.2 The modern law; 9.5 Common and related rights classified; 9.5.1 By content of right; 9.5.2 By entitlement; 9.5.2.1 Legal; 9.5.2.2 Customary; 9.5.2.3 Contractual; 9.5.2.4 Tolerance; 9.5.2.5 Equitable; 9.5.2.6 Quantification; 9.5.3 Lot meadows and regulated pastures; 9.5.4 By benefit; 9.5.4.1 Appendant; 9.5.4.2 Appurtenant; 9.5.4.3 In gross; 9.5.4.4 Pur cause de vicinage; 9.6 Commonable rights; 9.7 Rights of the lord; 9.8 Regulation; 9.9 Public access and conservation; 9.9.1 Early statutory access; 9.9.2 The Countryside and Rights of Way Act 2000; 9.10 Town and village greens; 9.10.1 Greens under local acts; 9.10.2 Traditional greens; 9.10.3 Modern greens; 9.10.4 Local and as of right; 9.11 Management of greens; 10 Roads and Paths; 10.1 Ownership of roads and ways; 10.1.1 Common law; 10.1.2 Copyholds; 10.1.3 Inclosure acts; 10.1.4 General acts; 10.1.5 Rights and duties; 10.1.6 Roadside verges; 10.1.7 Liability for trees; 10.2 Maintenance and tolls; 10.2.1 Common law; 10.2.2 Statute; 10.2.3 Private roads; 10.3 Summary on ownership and maintenance of roads; 10.4 Routes across common land; 10.5 Lost ways; 10.6 Customary ways and churchways; 10.7 Bridges; 11 Minerals and Timber; 11.1 Rights to wood and minerals; 11.2 Trees; 11.3 Estovers, botes, furze and turbary; 11.4 Tenants’ mineral rights in the waste; 11.5 Express, customary and nationalised rights; 11.5.1 Meaning of minerals; 11.5.2 Nationalised minerals; 11.6 Ownership of void; 11.7 Lord’s minerals in owned or disposed land; 11.7.1 Demesne; 11.7.2 Uninclosed waste; 11.7.3 Inclosed waste; 11.7.4 Shares in external land; 11.8 Annexures and appurtenances; 11.9 Copyhold land; 11.9.1 Nature of copyhold minerals; 11.9.2 Rights of access and working; 11.9.3 Shall not affect; 11.9.4 Exceptions on enfranchisement; 11.10 Conclusion; 12 Sporting; 12.1 Sporting and wild animals; 12.2 Forest, chase and park; 12.3 Free warren; 12.4 Sporting in copyhold land; 12.5 Sporting on demesne and uninclosed waste; 12.6 Sporting on inclosed waste; 12.7 Hunting; 12.8 The Game Laws; 12.9 Conclusion; 13 Waters and Fishing; 13.1 Rivers; 13.2 Foreshore and seabed; 13.3 Fishing; 13.3.1 Inland waters; 13.3.2 Tidal waters; 13.3.3 Statutory fisheries; 13.4 Ports and harbours; 13.5 Anchorage and mooring; 13.6 Ferries; 13.7 Wreck; 14 Courts; 14.1 Courts baron and customary; 14.2 Courts leet; 14.3 Hundred courts; 14.4 Time and place; 14.5 Procedure; 14.6 The Administration of Justice Act 1977; 14.7 Officers; 15 Rents and Revenues; 15.1 Nature of manorial revenues; 15.2 Court payments; 15.3 Reliefs and heriots; 15.4 Transmission fines and royalties; 15.5 Rentcharges and rents seck; 15.6 Rentservices – chief, assize, quit and fee farm; 15.7 Wayleaves; 15.8 Tolls; 16 Franchises; 16.1 Nature of franchises; 16.2 Types of franchise; 16.2.1 Palatinates; 16.2.2 Treasure; 16.2.3 Royal mines; 16.2.4 Courts; 16.2.5 Liberties; 16.2.6 Waifs; 16.2.7 Deodands; 16.2.8 Animals, birds and fish; 16.2.9 Goods of suicides; 16.2.10 Created rights; 16.2.11 Legal personality; 16.3 Creation and extinction; 16.3.1 Creation; 16.3.2 Presumed grant; 16.3.3 Extinction; 16.3.4 Merger in Crown rights; 17 Miscellaneous Rights; 17.1 Seigniorial rights; 17.1.1 Mills and mulctures; 17.1.2 Ale and ovens; 17.1.3 Maiden right; 17.2 Appointments; 17.3 Covenants; 17.4 Works; 17.5 Ceremonial renders; 18 Fealty and Protection; 18.1 Homage and fealty; 18.2 Allegiance; 18.3 Warranty; 18.4 Grand and petty sergeanty; 19 Parish and Church; 19.1 Manor and parish; 19.2 Advowsons; 19.3 Appropriate and impropriate rectories; 19.4 Chancel repairs; 19.5 New church buildings on common land; 19.6 Glebe and other land; 19.7 Rectorial manors; 19.8 Consecrated land; 19.9 Churchways; 19.10 Schools; 19.11 Tithe, modus and corn rents; 19.12 Frankalmoign and episcopal property; 20 Towns and Trade; 20.1 Towns and boroughs; 20.2 Markets; 20.3 Open places and streets; 20.4 Houses; 20.5 Corporations, trusts and charity; 21 Fees, Honours and Estates; 21.1 Feudalism; 21.2 Derivative titles to land; 21.3 Honours; 21.4 Knights’ fees and feudal incidents; 21.5 Complications of tenure; 21.6 Legal estates; 21.7 Landed estates; 22 Lords and Titles; 22.1 Hereditary peers; 22.2 Life peers; 22.3 Knights, gentlemen and honourable; 23 Royal Demesne; 23.1 Crown estate; 23.2 Royal residences and parks; 23.3 Purprestures; 23.4 East Greenwich and other lordships of sold lands; 23.5 Registration of title to royal demesne; 23.6 The Royal Duchies; 23.7 Parliamentary manors; 23.8 Ancient demesne; 23.9 Changes affecting royal manors; 24 Beyond England; 24.1 Wales; 24.2 Scotland; 24.3 Ireland; 24.4 North America; PART V - CONCLUSION; 25 Rolls and Unregistered Title; 25.1 Evidence of rights; 25.2 Manorial rolls; 25.3 Other manorial documents; 25.4 Ownership and custody; 25.5 Title deeds; 26 Registered Land; 26.1 General principles; 26.2 Land; 26.3 Manors; 26.4 Rentcharges; 26.5 Franchises; 26.5.1 Registration with its own title; 26.5.2 As overriding interest; 26.6 Customary and public rights; 26.6.1 Public rights; 26.6.2 Customary rights; 26.6.3 Town and village greens; 26.7 Easements and profits; 26.7.1 Rights of common; 26.7.1.1 In general; 26.7.1.2 Registered before 1965; 26.7.2 Easements and profits under inclosure acts or on enfranchisement; 26.7.3 Transitional provisions for land registered before 2003; 26.7.4 Land first registered after 2003; 26.7.5 Registrable profits in gross; 26.7.6 Rights of way over downgraded or former highways; 26.8 Ancient rights; 26.8.1 The pre-2003 law; 26.8.2 The Land Registration Act 2002 transitional provisions; 26.8.3 Priority; 26.8.4 Transitional non-manorial rights; 26.9 Manorial rights; 26.9.1 Meaning within the Land Registration Act 2002; 26.9.2 Entering on the register; 26.9.3 The Justice Committee report; 26.10 Transitional rights after 2013; 26.11 Human rights; 26.12 Minerals; 26.12.1 Exceptions and grants of strata; 26.12.2 Associated rights; 26.12.3 Profit of minerals; 26.12.4 Lord’s rights in enfranchised land; 26.13 Escheat; 26.14 Conveyancing and disputes; 26.14.1 Duty to disclose; 26.14.2 Information; 26.14.3 Old cautions; 26.14.4 Disputes; 27 Buying and Selling; 27.1 The market in manors; 27.2 Agents; 27.3 Lawyers; 27.4 Title; 27.5 Terms and conditions of sale; 27.6 Taxation; 28 Definition; 28.1 Jurisprudence of the manor; 28.2 Philosophy; 28.3 Historical understanding; 28.4 Ownership and public law; 28.5 Whether the manor is land; 28.6 Conclusion; Appendices; 1.
Precedents: 2.
Extracts from Statutes: Index