In our previous blogs on this subject we explained how the law regards lordships as incorporeal property and not land as was believed for many years.
Part 4 concluded with proof of ownership of incorporeal personal property had to be done using a paper trail, however for most modern incorporeal property company records and the Intellectual Property Office were a useful record. Due to the age of lordships (many having their origins from Roman times) the only lordships that can be legally owned are those with a correct paper trail (A complete, correctly executed and concurrent set of deeds from time of grant to time immemorial). If we were to say these were the only lordships that could be used today, then they would be a very rare thing, maybe only a handful in existence.
One ‘method’ used in previous years of attempting to use the law to bring some of the lost lordships back into use whilst the deeds were lost (so there was no proof of legal ownership), was to use a Statutory Declaration.
The issue with this method is that unless the purchaser and Vendor know that they are buying/selling a ‘perhaps/ maybe/possibly’ then they know to expect a possible legal challenge by someone who believes they have a better claim. The only plus side of this is that some lost lordships were brought back into use (that is were used, not legally owned). However, all of the Lordships sold by this method are open to costly legal challenges against them.
Whilst a Statutory Declaration of possible ownership gives some legality to a sale and purchase, for the informed this is not enough. Why leave yourself open to possible legal challenge when you don’t need to. Manorial Counsel service is presently the only legal way to acquire ownership of a lordship title. Manorial Counsel do not sell the original lordship title we sell a newly created Legal Right based on the original lordship that has been discarded (dormant). Our service removes this risk and starts a New Legal Right based on the old, so we have a new set of deeds to show an ownership. To give our customers the confidence that these legal rights are based on the original lordship, Manorial Counsel have three solicitors firms confirm the rights. Whilst we have to live with the fact that the old lordships have been lost, the titles can at least be legally used and owned today with a new legal entity and its ‘blue chip confirmation.
To be continued...