The Lordship and Manor of
Rushton or Rushton James (Staffordshire)
Law and Recent Court Cases relevant
to Manorial LawStatute
• Statute of Westminster I, 1275
Set the baseline for 'time immemorial' as 6 July 1189, being the accession of King Richard I (the Lionheart).
• Quia Emptores 1290
Brought an end to sub-infeudation. No new Manors can be created after this date.
• Tenures Abolition Act 1660
Converted all tenures into free and common soccage - nearly all burdensome incidents abolished for all land of free tenure.
• Game Act 1706 (Ann.6 c.16)
Lords of the Manor given the power to appoint gamekeepers.
• Game Act 1831
The appointment of gamekeepers is not the exclusive preserve of Lords of the Manor.
• Conveyancing Act 1881
Linked the conveyance of the title of Lord of the Manor to the conveyance of the Manor itself for the first time.
• The Law of Property Act 1925
Concerns title to real property such as Manorial Waste and Incidents, and what the conveyance of manors shall include.
• Land Registration Act 1925
Enabled the registration of Lord of the Manor titles.
• Limitation Act 1939 (2 & 3 Geo.6 c.21)
Removes incorporeal hereditaments from the definition of land with regards to Limitation Act time limits concerning their recovery of title by persons other than the Crown.
• Statute Law Repeals Act 1986
Removes incorporeal hereditaments from the definition of land with regards to Limitation Act time limits concerning their recovery of title by the Crown.
• Civil Evidence Act 1995
Reputation of authors of historical documents allows for their submission as evidence in civil cases.
• Land Registration Act 2002
Manorial titles are outside the definition of 'land', and land must be physically posessed to be registrable. Manorial Titles no longer voluntarily registrable. Registration of title not conclusive proof of ownership of title.
Case Law
• Burton & Bamford v Walker & Others, Land Registry REF/2007/1124
Confirmed that adverse posession, prescription, loss
of modern grant, or
proprietary estoppeldo NOT enable ownership of a Lordship of the Manor
title.
Confirmed ownership requires the presence of all deeds, correctly made
up
since 1189. The absence of
correct and
complete sets of deeds requires Court • Statute of Westminster I, 1275
Set the baseline for 'time immemorial' as 6 July 1189, being the accession of King Richard I (the Lionheart).
• Quia Emptores 1290
Brought an end to sub-infeudation. No new Manors can be created after this date.
• Tenures Abolition Act 1660
Converted all tenures into free and common soccage - nearly all burdensome incidents abolished for all land of free tenure.
• Game Act 1706 (Ann.6 c.16)
Lords of the Manor given the power to appoint gamekeepers.
• Game Act 1831
The appointment of gamekeepers is not the exclusive preserve of Lords of the Manor.
• Conveyancing Act 1881
Linked the conveyance of the title of Lord of the Manor to the conveyance of the Manor itself for the first time.
• The Law of Property Act 1925
Concerns title to real property such as Manorial Waste and Incidents, and what the conveyance of manors shall include.
• Land Registration Act 1925
Enabled the registration of Lord of the Manor titles.
• Limitation Act 1939 (2 & 3 Geo.6 c.21)
Removes incorporeal hereditaments from the definition of land with regards to Limitation Act time limits concerning their recovery of title by persons other than the Crown.
• Statute Law Repeals Act 1986
Removes incorporeal hereditaments from the definition of land with regards to Limitation Act time limits concerning their recovery of title by the Crown.
• Civil Evidence Act 1995
Reputation of authors of historical documents allows for their submission as evidence in civil cases.
• Land Registration Act 2002
Manorial titles are outside the definition of 'land', and land must be physically posessed to be registrable. Manorial Titles no longer voluntarily registrable. Registration of title not conclusive proof of ownership of title.
Case Law
• Burton & Bamford v Walker & Others, Land Registry REF/2007/1124
approval to confirm ownership.
• Walker & Ors v Burton & Anor [2012] EWHC 978 (Ch) (17 April 2012)
Confirmed the judgement as above.
