Lordship Title Law
The law that covers lordships and lordship titles has been created across over 2,000 years. It is complex and has evolved over the years, as the law givers have gained a better understanding of how to deal with this unusual property. As the law has built over time we will add the legal authorities that affected lordships and lordship titles in chronological order. Please do not assume that the last entry here represents current manorial law.
Current law states that to prove ownership of a lordship requires a set of consecutive deeds dating back to when the lordship was granted by the Crown, normally over 700 years. At Manorial Counsel Limited we do not pretend to sell you the lordship, we use other legal authorities to just bring the lordship title back into exclusive legal use.
This may not answer every question you may have, so please contact us if you have a other questions.
Lordships Originate from Roman Times
A Roman would be given responsibility for collecting taxes from surrounding smaller properties and adding it to their own taxes. The Roman would be called a signior (or Lord in English).
When the Saxons invaded England and the Romans left, the Saxons did not want to have to create their own taxation system, so they kept the Romans’. They did make some adaptions. All land transactions required the authority of the King and most were recorded in a charter. This was referred to as "bookland". King Athelstan, whom was effectively the first King of all England, made a law that all freemen must have a lord, lords must have an overlord and they in turn had the King as their lord. In certain circumstance a freeman could choose his lord, who did not have to be the local lord. The relationship between the lord and his freemen was mutual, the lord received a service and in return he provided law and protection.
Under Saxon law any man who had more than 5 hides of land had to serve in the national army.
English Custom Law
Over the centuries the Lord would exercise rights over all of the manorial land eg. Mineral. Once these rights had been exercised for centuries English Custom law made these rights defendable against all others.
Elements of a Manor/Lordship
A manor/lordship was made up of distinct elements. The manor was the area of land which was split up into the demesne (the land farmed by the lord), free of tenures land, tenanted land, and common or waste land (available for all to use to graze animals and small pieces of land that joined the farmed pieces of land eg roads). The rights that had been created into English Custom law became known as the lordship.
Post Conquest England
William the Conqueror introduced the first mass application of manors/lordships in England. He appointed himself as the superior lord of all land in England. He kept many manors for himself but divided up the rest of the land for barons and earls to manage. They subenfeuded (created subordinate lordships) manors to lords who would manage the land, residents and provide fighting men at time of war.
Male heirs 21 and over and female heiresses 14 and over could inherit a lordship/manor. Under these ages their wardship was owned by the Crown together with their right to marry. The Crown would sell most of these wardships, as the custodian invariably would misappropriate a large proportion of the income.
In 1086 William the Conqueror felt he was not receiving sufficient value for the grants he had made to his barons after the Conquest. He therefore ordered the compilation of a record of all land holdings as known at the death of Edward the Confessor and at that time. This became the legal basis upon which William the Conqueror received services from his barons. This legal record survives today and is one of the most famous pieces of surviving documentation from nearly 1,000 years ago.
1189 - Time Immimorial
3rd September 1189 was the date King Richard the Lionheart was crowned.
One of the most important dates for manorial law. No new customs or customary tenures cannot be created after this date.
To demonstrate ownership of a lordship/manor a consecutive set of deeds is required back to 1189.
Under the legal doctrine of lost modern grant a claimant to a lordship/manor needs to demonstrate that they have enjoyed the lordship/manor for living memory but also that the lordship/manor has existed through the centuries from 1189.
The doctrine of prescription was created to allow users of rights over land to gain a legal right they could enforce/protect. The user needs to demonstrate they have enjoyed the right for at least living memory and the law assumes the right has been enjoyed since 1189. Some claims have been made that this can be used to claim a lordship/manor however the presumption only works if there was a person capable of granting the right. No one apart from by Act of Parliament has been capable of granting a lordship since the 16th century. There is NO LEGAL AUTHORITY TO ENABLE PRESCRIPTION to be used to prove ownership of a lordship.
Both lost modern grant and prescription are known as legal fictions. They are confirming something that probably is false.