Manorial Rights (England and Wales)

Debate between Albert Owen and Jessica Lee

Wednesday 15th January 2014 Westminster Hall

[Albert Owen]

The hon. Gentleman pre-empts what I was going to say about Anglesey and Lord Treffos. I acknowledge that many people have raised this issue with the county council, local councillors and their local Assembly Member, and they have taken it forward. I have raised it a number of times in this House and the most appropriate place to raise it is in this House of Parliament, which confers rights on individuals, including manorial rights, and which should be protecting the rights of individuals.

I will talk about Lord Treffos in a second but, as has been indicated, this issue has caused concern in my own constituency because of Lord Treffos’s claims. However, I have also been contacted over the weekend by people across Wales and England, including the county of Wiltshire, where a community council is concerned about the rights being established—or, rather, it has become aware for the first time of rights being established —over a playing field for young children. There are implications across Wales and England.

That is why I am pleased that the Minister is here in Westminster Hall today to respond to the debate, because this is not just a parochial matter. I will make no apologies for the fact that the purpose of this debate is to gain assurances from the Government that they will alleviate people’s concerns. It is one of the unintended consequences of the Land Registration Act 2002 that people are being distressed because they were unaware of this situation.

An important question is why these manorial rights were not included in original deeds, because many people paid for conveyancing and searches, believed that they had full freehold and were unaware of these overriding rights. In the 21st century, those people need the right protection. I want to examine the role of the Land Registry and how it deals with issuing notices, as well as the legal tone of those notices. Indeed, in my part of the world it is important to note that Welsh language provision was not available when these notices were first sent out, when by statute it should have been available.

I also want to look at the role of the legal authorities, which could perhaps lead in providing collective responses in the future, so that the burden does not fall on individuals. They could also perhaps look to rebalance these rights in favour of the freeholder today, to ensure that—as the hon. Member for Arfon (Hywel Williams) said—mortgage lenders are aware of the benign nature of these manorial rights, so that they do not consider them to be a restriction on the remortgaging or indeed the sale of properties. I ask the Minister to look very carefully at that issue.

As I say, I make no apologies for briefly highlighting the situation in Anglesey, where there is the ancient title of the Lord Trefoss, which originates from the Bishop of Bangor’s diocese. The title is today held by Stephen Paul Hayes, who I understand purchased it, perfectly legitimately, at an auction in the early 1990s. I now understand that the title, including the manorial rights of hunting, fishing and mineral rights, is up for sale on a website for $45,000. I have also been made aware that a document exists from the district valuer, dating back to 1950, showing that in 1940 the Bishop of Bangor gave the then title to University College of North Wales, now Bangor university, and that the claims of interest in the manor are limited to commons and waste lands within the provision of the law, including the Property Act 1922. I am not a property lawyer, but I make the point clearly that it should be possible for individuals to find out the exact titles, and that information should be included in their deeds. Surely the role of the Land Registry should be to assist individual freeholders and not to put out a generic letter that causes so much concern. In layperson’s terms, any such letter should have explained the reasons for what the Land Registry is doing, as well as the manorial rights and titles.

I will now move on. I realise that we will now finish at about 4.45 pm, so I will try to be brief for the rest of my remarks, so that the Minister can give a full reply to the debate. I want to look at the role of the local authority in Anglesey, because it too has been issued with some of these notices as its land falls within the manorial rights. The first point in the notice that was being distributed by the Land Registry was that the manorial rights being claimed by Lord Trefoss are actually contained within the local authority itself. As Members will know, over the years a lot of responsibilities have been passed from landowners to local authorities, as County Council Acts in the 1800s and various other measures have meant that authorities have taken over services. Today, highways, street lighting and all those main services are provided by the local authority. The local authority could be—in fact, it needs to be—a single body that could object to manorial rights on behalf of a number of households within its jurisdiction. That would be a way forward.

For the benefit of the Minister, I will also examine briefly the role of the Land Registry in the distribution of these notices. The explanatory notes to the notices attempt to clarify the reasons for the notices being issued. However, many people have been so concerned that, as the hon. Member for Montgomeryshire said, they have gone—at great cost to themselves—to a solicitor for clarification, because they found the notice to be a little threatening and they were certainly unable to understand it. Also, as I have already said, there has been an issue with the lack of Welsh language provision, which is not acceptable under current statute.

[Jessica Lee (Erewash) (Con)]

I am grateful to the hon. Gentleman for giving way and for securing this debate this afternoon. Moving away from his constituency to Derbyshire and my constituency of Erewash, an issue has been raised about land owned by the Duke of Rutland. Regarding the issue of language, however, our local newspaper has come into its own, airing the grievances and concerns of local residents but also allowing the landowner the right of reply, so that he can explain his position. I am sure that my hon. Friend has raised the issue in his area on behalf of his constituents, as he represents them; I continue to do the same for my constituents in Erewash.

[Albert Owen]

I thank the hon. Lady for that intervention. Indeed, I am in a similar position, but it should have been the duty of the Land Registry to provide clear and concise notices in the first instance. It is an unintended consequence of previous Acts that this method of informing people has come into being, and in the future I want to see a clearer way by which manorial rights can either be extinguished or at least explained to individuals. We are singing from the same hymn sheet in that regard.

I do not expect the Minister to give full answers today to the questions that I put to him directly, but we have already exchanged letters and he has very courteously given me a lot of the details about this situation. I have also raised this matter with the Leader of the House. The purpose of this debate is to ask the Minister to consider the points that I have raised, and will continue to raise, on behalf of constituents in 4,000 premises in my constituency and, as I have said, many other people throughout Wales and England.

As I have already indicated, the Land Registration Acts of Parliament, including the Land Registration Act 2002, are supposed to provide transparency and clarity on these ancient and in many cases outdated manorial rights. Instead they have caused people confusion, anxiety and distress. That burden could be lifted en bloc if there were the political will to do so. Also, as I have said, the local authority can help.

In future, I want the owners of properties to be comfortable that when they do searches on their properties, these types of rights are identified, and I do not want anybody to be penalised for having a right added to their property deeds. That is because for ordinary people a home is probably the biggest purchase that they will make in their entire life, and they want security for themselves and their family. I feel for them in that regard. I am sure that the Minister will understand the fears and concerns about manorial rights that I have highlighted. He will also understand that those fears have been heightened at a time when we are talking about shale gas exploration in this country. Many people link the two things.

As I have said, I raised the issue of manorial rights with the Leader of the House on 5 December. I welcomed his saying quite clearly that there is no link between the notice of manorial rights and shale gas or oil. He added that

“The Petroleum Act 1988 vests all rights to the nation’s petroleum resources in the Crown.”—[Official Report, 5 December 2013; Vol. 571, c. 1100.]

However, there needs to be further clarification of this issue by the Minister, because many people are uncertain what minerals can be extracted if a mineral right is part of manorial rights. I am sure that the Minister will mention that.