the law of manor.docx

8/10/2019 THE LAW OF MANOR.docx

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THE LAW OF

THE MANOR

Christopher Jessel

ISBN13: 9780854901104ISBN: 0854901108Previous Edition ISBN:1872328849Published: November 2012Publisher:Wildy, Simmonds and Hill PublishingCountry of Publication: UKFormat: HardbackPrice: 165.00

http://www.wildy.com/isbn/9780854901104/the-law-of-the-manor-2nd-ed-hardback-wildy-

simmonds-and-hill-publishing

The Law of the Manoris the definitive work on the subject, providing detailed, up-to-date andcomprehensive coverage for lawyers and also to those owning, managing, selling or buyinghistoric houses and estates. It provides a modern description of the law associated with lordshipsof the manor.

Principally concerned with the lands and rights of the lord, the book also considers rights thattenants of the manor can claim against him. These are put in context with a discussion ofassociated topics such as franchises and titles of nobility.

The second edition has been updated to cover numerous developments in the law since 1998, inparticular the Land Registration Act 2002, with full discussion of the way manorial rights,including minerals, will cease to be overriding interests after 12 October 2013. The book includeschanges made by the Countryside and Rights of Way Act 2000, the Commons Act 2006, theHunting Act 2004, the House of Lords Act 1999, and the Legal Services Act 2007 as well as therelevant case law.

New material has been included on escheat, rectorial manors and roadside verges. There is also

greater coverage of legal authorities including over 50 decisions since the first edition and aselection of useful precedents for the practitioner. Although the book is about the law of themanor in England and Wales, there is some reference to other jurisdictions, most notably theexperimental extension of the manorial system to some American colonies.

The text is arranged in five parts. Part 1 describes the context, summarises the history andanalyses custom which is the basis of manorial law. Part 2 describes the lands of tenants andlords and the relations between them. Part 3 discusses rights and comprises a detailedcommentary on section 62(3) of the Law of Property Act 1925.

It covers rights of common, mineral and sporting rights, courts and remaining revenues. Part 4sets the manor in the context of other institutions, namely the village, the church, towns and

feudal relationships. Part 5 summarises and looks at the modern manor, its documents,
http://www.wildy.com/books?author=Jessel,%20Christopherhttp://www.wildy.com/books?author=Jessel,%20Christopherhttp://www.wildy.com/isbn/9781872328843/law-of-the-manor-paperback-barry-rose-law-publishers-ltd-ws-hhttp://www.wildy.com/isbn/9781872328843/law-of-the-manor-paperback-barry-rose-law-publishers-ltd-ws-hhttp://www.wildy.com/isbn/9781872328843/law-of-the-manor-paperback-barry-rose-law-publishers-ltd-ws-hhttp://www.wildy.com/isbn/9780854901104/the-law-of-the-manor-2nd-ed-hardback-wildy-simmonds-and-hill-publishinghttp://www.wildy.com/isbn/9780854901104/the-law-of-the-manor-2nd-ed-hardback-wildy-simmonds-and-hill-publishinghttp://www.wildy.com/isbn/9780854901104/the-law-of-the-manor-2nd-ed-hardback-wildy-simmonds-and-hill-publishinghttp://www.wildy.com/isbn/9780854901104/the-law-of-the-manor-2nd-ed-hardback-wildy-simmonds-and-hill-publishinghttp://www.wildy.com/isbn/9780854901104/the-law-of-the-manor-2nd-ed-hardback-wildy-simmonds-and-hill-publishinghttp://www.wildy.com/isbn/9781872328843/law-of-the-manor-paperback-barry-rose-law-publishers-ltd-ws-hhttp://www.wildy.com/books?author=Jessel,%20Christopher


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conveyancing (with particular reference to registered land) and taxation, concluding withsuggestions for reform.

The Law of the Manoris for property lawyers, owners, managers, buyers and sellers of historichouses and estates and surveyors concerned with rural matters.

Contents:

PREFACE TO SECOND EDITION

INTRODUCTION

TABLE OF STATUTES AND OTHER LAWS

TABLE OF CASES

PART I: ROOTS

THE PICTURE OF THE MANOR; The manor as an idea and a place

Farmland

Village and society

Waste and outliers

The eight ox plough

Size

TIME OUT OF MIND; Roman

Early Saxon

Late Saxon

Norman

DECLINE OF YEARS; Decline of the Manor

Population pressure and the Black Death

Copyholds and royal power

Inclosure

The twentieth century

Manors in America

CUSTOM AND VARIETY; Custom and the Manor

Local

Ancient and continuous

Reasonable

Certain

Services

Inheritance and disposition

Enjoyment

Extinction of custom

Variety

PART II: LANDS

FREEHOLD AND COPYHOLD

Service, tenure and jurisdiction

Tenure

Free and unfree tenure

Common and customary tenure

The will of the lord

Surrender and admission

Tenures today

THE LANDS OF THE LORD

Demesne and other land

Management and leases

Waste and commons registration

Types of waste; Roadside verges

Ownership of roads


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Balks

Rivers

Unclaimed land of unknown lords

PARCELS

The limits of the manor

Outliers and distributed lands

Subinfeudation and Quia Emptores 1290Rule against enlarging manor

Rule against land coming back to manor

Occasions of escheat

Mesne lords and escheat

Escheat and appurtenant rights

Copyhold enfranchisement

Acquisition of copyhold by lord

Inclosure at common law

Statutory inclosure

Hedges in inclosure acts

LEGAL AND REPUTED

Creation of manorsProving the manor

Division by operation of law; Dissolution loss of lordship, tenants or services

Reputed manors;

PART III: RIGHTS

GENERAL WORDS; Rights and the manor; Corporeal and incorporeal

Property and possession, substance and revenue

Incidents appurtenances and other rights

Manorial or seigniorial rights

COMMON AND PASTURE; Common Land

Background to the current legislation; Rights of common

Classification of rights of common

Commonable rightsLot meadows and regulated pastures

Rights of the lord

Regulation

Public access and conservation

MINERALS AND TIMBER

Nature of rights to wood and minerals

Trees; Estovers, botes, furze and turbary

Tenants mineral rights in the waste

Mineral substances

Lords minerals demesne and inclosed waste

Lords minerals in copyhold land

Exceptions on enfranchisementLand registration

HUNTING, SHOOTING AND FISHING

Sporting and wild animals

Forest, chase and park

Warren

Sporting in copyhold land

Sporting reservations on waste or sold demesne

Hunting

Fishing

The Game Laws

Statutory protection of wild life

COURTSCourts baron, customary and leet

Time and place


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Procedure

Administration of Justice Act 1977

Officers

RENTS AND REVENUES; Nature of manorial revenues; Court payments

Reliefs and heriots

Transmission fines and royalties; Rentcharges and rents seck

Rentservices - chief, assize, quit and fee farmWayleaves

Extinction of manorial incidents

TOLLS

Tolls and ways

Road tolls

Bridges and ferries

Ports and harbours

Anchorage and mooring

FRANCHISES AND LIBERTIES; Nature of franchises; Defence

Local administration and jurisdiction

Legal personality

CurrencyCommerce and animals

Merger in Crown rights

Creation and extinction

Land registration; MILLS AND MAIDENS; Miscellaneous rights; Banalities

Mills

Maiden right

Appointments

Covenants

Ceremonial renders

FEALTY AND PROTECTION; Homage and fealty

Allegiance

WarrantyGrand and petty sergeanty

PART IV: SETTING

VILLAGE AND HUNDRED; Manor and village; Hundreds

Shires

Local courts; Court leet

Village greens

Registration of greens

Management of greens

PARISH AND CHURCH

Manor and parish

AdvowsonsAppropriate and impropriate rectories

Glebe

Rectorial manors

Consecrated land and churchways

Schools

Chancel repairs

Tithe

Frankalmoign and episcopal property

TOWNS AND TRADE; Towns and boroughs

Markets

Open places and streets

HousesCorporations, trusts and charity

FEES, HONOURS AND ESTATES; Feudalism


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Development and introduction of feudalism

Nature of Crown grants

Honours

Knights fees and feudal incidents

Complications of tenure

Legal estates

Landed estatesLORDS AND TITLES

Lord

Hereditary peers

Life peers Knights, gentlemen and honourable

Wales, Scotland and Northern Ireland

ROYAL DEMESNE

Crown Estate

Royal residences and parks

Allodial land

Foreshore and purprestures

East Greenwich and other lordships of sold lands

Registration of title to royal demesneThe Royal Duchies

Parliamentary manors

Ancient demesne

Changes affecting royal manors

PART V: CONCLUSION

ROLLS AND REGISTRATION

Evidence of rights

Manorial rolls

Other manorial documents

Ownership and custody

Title deeds Land Registration Act 2002Registered title to manors

Rentcharges franchises and profits

Transitional provisions affecting overriding interests

Protection of manorial rights

Human rights and the transitional provisions

BUYING AND SELLING

The market in manors

Agents

Lawyers

Terms and conditions of sale

Taxation

WHAT IS A MANOR?Jurisprudence of the manor

Cokes philosophy

Cokes politics

Law and time

Ownership and public law

Whether the manor is land

Definition

WHAT REMAINS

THE FUTURE; Official proposals for reform

Specific reforms

Learning from the Manor

APPENDIX - PRECEDENTS

GLOSSARY


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BIBLIOGRAPHY

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