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New Arrival The Law of the Manor 3rd ed

The Law of the Manor 3rd ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854903054
  • Previous Edition ISBN: 9780854901104
  • 出版时间 November 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,382.90
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  • 描述 
  • 大纲 
  • 详细

    The Law of the Manor now in its third edition, is the definitive work on the subject. The author provides detailed and comprehensive coverage for practitioners. Those owning, managing, selling, or buying historic houses and estates will also find the book of value; delivering as it does a modern description of the law associated with lordships of the manor.

    Principally concerned with the lands and rights of lords, the book also considers rights that can be claimed against them. These are put in context with a discussion of associated topics such as franchises and titles of nobility.

    This new edition has been substantially revised. There is a new chapter on the Land Registration Act 2002 and extended coverage of manorial mineral and sporting rights, of roadside verges and of the lost ways which are expected to lose public status in 2031. The book takes account of the House of Commons Justice Committee Report in 2015. It considers several recent cases including Wynne-Finch v Natural Resources Body for Wales [2021] EWCA Civ 1473, R (Littlejohns), v Devon County Council [2016] EWCA Civ 446, Southwark Borough Council v Transport for London [2018] UKSC 63 and R (Strack) v Secretary of State for Environment, Food and Rural Affairs [2024] EWCA Civ 420.

    New material has been included on the conversion of waste of the manor to occupied land, roadside verges and town and village greens. There is also greater coverage of legal authorities including over fifty decisions since the first edition and a selection of useful precedents for the practitioner.

    The text is arranged in five parts. Part 1 describes the context, summarises the history and analyses custom which is the basis of manorial law. Part 2 describes the lands of tenants and lords and the relations between them. Part 3 discusses rights and comprises a detailed commentary on section 62(3) of the Law of Property Act 1925. The book covers rights of common, mineral, and sporting rights, courts and remaining revenues. Part 4 sets the manor in the context of other institutions, namely the church, towns and feudal relationships. Part 5 summarises and looks at the modern manor, its documents, conveyancing (with particular reference to registered land) and taxation, concluding with suggestions for reform.

  • Preface to Third Edition
    Introduction
    Principal Sources
    Table of Statutes and Other Laws
    Table of Statutory Instruments
    Table of Cases
    List of Abbreviations
    Glossary

    PART I - ROOTS

    1 Description and History
    1.1 The manor as an idea and a place
    1.2 Domesday Book and after
    1.3 Farmland
    1.4 Buildings
    1.5 Waste and outliers
    1.6 Size
    1.7 Variety
    1.8 Manor and village
    1.9 Decline

    2 Custom
    2.1 Custom and the manor
    2.2 Local
    2.3 Ancient and continuous
    2.4 Reasonable
    2.5 Certain
    2.6 Services
    2.7 Inheritance and disposition
    2.8 Enjoyment
    2.9 Extinction of custom

    PART II - LANDS

    3 Freehold and Copyhold
    3.1 Nature of copyhold
    3.2 Tenure
    3.3 Certain and uncertain tenure
    3.4 Free and unfree tenure
    3.5 Common and customary tenure
    3.6 Surrender and admittance
    3.6.1 Title to copyholds
    3.6.2 New copyholds
    3.6.3 Leases of copyholds
    3.6.4 Acquisition of copyhold by lord
    3.7 Enfranchisement
    3.7.1 Common law enfranchisement
    3.7.2 Statutory enfranchisement 1841 to 1925
    3.7.3 The Law of Property Act 1922
    3.7.4 Preserved rights
    3.8 Tenures today

    4 The Lands of the Lord
    4.1 Demesne and other land
    4.2 Management and leases
    4.3 Waste and commons registration
    4.3.1 Meaning of waste
    4.3.2 The Commons Registration Act 1965
    4.3.3 The Commons Act 2006
    4.4 Types of waste
    4.5 Balks
    4.6 Unclaimed land of unknown lords
    4.6.1 Title
    4.7 Loss of waste

    5 Parcels and Escheat
    5.1 Limits of the manor
    5.2 Outliers and distributed lands
    5.3 Subinfeudation and Quia Emptores 1290
    5.4 Rule against enlarging manor
    5.5 Rule against land reverting to manor
    5.6 Escheat
    5.6.1 Former copyhold land
    5.6.2 Escheat as reverter
    5.6.3 Operation of escheat

    6 Inclosure
    6.1 Nature of inclosure
    6.2 Unilateral inclosure
    6.2.1 Approvement and assarting
    6.2.2 Commonable fields
    6.2.3 Adverse possession
    6.3 Inclosure by agreement
    6.4 General statutory inclosure
    6.5 Piecemeal statutory inclosure
    6.6 Private and public rights
    6.7 Hedges in inclosure acts

    7 Legal and Reputed
    7.1 Creation and acquisition of manors
    7.2 Proving the manor
    7.3 Division by operation of law
    7.4 Dissolution
    7.4.1 Loss of lordship
    7.4.2 Loss of tenants
    7.4.3 Separation
    7.5 Reputed manors

    PART III - RIGHTS

    8 Manorial Rights
    8.1 Rights and the manor
    8.2 Corporeal and incorporeal
    8.2.1 Incorporeal hereditaments
    8.2.2 The Law of Property Act 1925 s 62(3)
    8.3 Property and possession, substance and revenue
    8.4 Incidents, appurtenances and other rights
    8.5 Manorial or seigniorial rights
    8.5.1 In general
    8.5.2 In inclosure acts
    8.5.3 On enfranchisement
    8.5.4 Profits and easements
    8.6 Conclusion

    9 Commons and Greens
    9.1 Common land
    9.2 Background to reform
    9.3 The current legislation
    9.3.1 The Commons Registration Act 1965
    9.3.2 The Commons Act 2006
    9.4 Creation, acquisition and extinction
    9.4.1 The old law
    9.4.2 The modern law
    9.5 Common and related rights classified
    9.5.1 By content of right
    9.5.2 By entitlement
    9.5.2.1 Legal
    9.5.2.2 Customary
    9.5.2.3 Contractual
    9.5.2.4 Tolerance
    9.5.2.5 Equitable
    9.5.2.6 Quantification
    9.5.3 Lot meadows and regulated pastures
    9.5.4 By benefit
    9.5.4.1 Appendant
    9.5.4.2 Appurtenant
    9.5.4.3 In gross
    9.5.4.4 Pur cause de vicinage
    9.6 Commonable rights
    9.7 Rights of the lord
    9.8 Regulation
    9.9 Public access and conservation
    9.9.1 Early statutory access
    9.9.2 The Countryside and Rights of Way Act 2000
    9.10 Town and village greens
    9.10.1 Greens under local acts
    9.10.2 Traditional greens
    9.10.3 Modern greens
    9.10.4 Local and as of right
    9.11 Management of greens

    10 Roads and Paths
    10.1 Ownership of roads and ways
    10.1.1 Common law
    10.1.2 Copyholds
    10.1.3 Inclosure acts
    10.1.4 General acts
    10.1.5 Rights and duties
    10.1.6 Roadside verges
    10.1.7 Liability for trees
    10.2 Maintenance and tolls
    10.2.1 Common law
    10.2.2 Statute
    10.2.3 Private roads
    10.3 Summary on ownership and maintenance of roads
    10.4 Routes across common land
    10.5 Lost ways
    10.6 Customary ways and churchways
    10.7 Bridges

    11 Minerals and Timber
    11.1 Rights to wood and minerals
    11.2 Trees
    11.3 Estovers, botes, furze and turbary
    11.4 Tenants’ mineral rights in the waste
    11.5 Express, customary and nationalised rights
    11.5.1 Meaning of minerals
    11.5.2 Nationalised minerals
    11.6 Ownership of void
    11.7 Lord’s minerals in owned or disposed land
    11.7.1 Demesne
    11.7.2 Uninclosed waste
    11.7.3 Inclosed waste
    11.7.4 Shares in external land
    11.8 Annexures and appurtenances
    11.9 Copyhold land
    11.9.1 Nature of copyhold minerals
    11.9.2 Rights of access and working
    11.9.3 Shall not affect
    11.9.4 Exceptions on enfranchisement
    11.10 Conclusion

    12 Sporting
    12.1 Sporting and wild animals
    12.2 Forest, chase and park
    12.3 Free warren
    12.4 Sporting in copyhold land
    12.5 Sporting on demesne and uninclosed waste
    12.6 Sporting on inclosed waste
    12.7 Hunting
    12.8 The Game Laws
    12.9 Conclusion

    13 Waters and Fishing
    13.1 Rivers
    13.2 Foreshore and seabed
    13.3 Fishing
    13.3.1 Inland waters
    13.3.2 Tidal waters
    13.3.3 Statutory fisheries
    13.4 Ports and harbours
    13.5 Anchorage and mooring
    13.6 Ferries
    13.7 Wreck

    14 Courts
    14.1 Courts baron and customary
    14.2 Courts leet
    14.3 Hundred courts
    14.4 Time and place
    14.5 Procedure
    14.6 The Administration of Justice Act 1977
    14.7 Officers

    15 Rents and Revenues
    15.1 Nature of manorial revenues
    15.2 Court payments
    15.3 Reliefs and heriots
    15.4 Transmission fines and royalties
    15.5 Rentcharges and rents seck
    15.6 Rentservices – chief, assize, quit and fee farm
    15.7 Wayleaves
    15.8 Tolls

    16 Franchises
    16.1 Nature of franchises
    16.2 Types of franchise
    16.2.1 Palatinates
    16.2.2 Treasure
    16.2.3 Royal mines
    16.2.4 Courts
    16.2.5 Liberties
    16.2.6 Waifs
    16.2.7 Deodands
    16.2.8 Animals, birds and fish
    16.2.9 Goods of suicides
    16.2.10 Created rights
    16.2.11 Legal personality
    16.3 Creation and extinction
    16.3.1 Creation
    16.3.2 Presumed grant
    16.3.3 Extinction
    16.3.4 Merger in Crown rights

    17 Miscellaneous Rights
    17.1 Seigniorial rights
    17.1.1 Mills and mulctures
    17.1.2 Ale and ovens
    17.1.3 Maiden right
    17.2 Appointments
    17.3 Covenants
    17.4 Works
    17.5 Ceremonial renders

    18 Fealty and Protection
    18.1 Homage and fealty
    18.2 Allegiance
    18.3 Warranty
    18.4 Grand and petty sergeanty

    19 Parish and Church
    19.1 Manor and parish
    19.2 Advowsons
    19.3 Appropriate and impropriate rectories
    19.4 Chancel repairs
    19.5 New church buildings on common land
    19.6 Glebe and other land
    19.7 Rectorial manors
    19.8 Consecrated land
    19.9 Churchways
    19.10 Schools
    19.11 Tithe, modus and corn rents
    19.12 Frankalmoign and episcopal property

    20 Towns and Trade
    20.1 Towns and boroughs
    20.2 Markets
    20.3 Open places and streets
    20.4 Houses
    20.5 Corporations, trusts and charity

    21 Fees, Honours and Estates
    21.1 Feudalism
    21.2 Derivative titles to land
    21.3 Honours
    21.4 Knights’ fees and feudal incidents
    21.5 Complications of tenure
    21.6 Legal estates
    21.7 Landed estates

    22 Lords and Titles
    22.1 Hereditary peers
    22.2 Life peers
    22.3 Knights, gentlemen and honourable

    23 Royal Demesne
    23.1 Crown estate
    23.2 Royal residences and parks
    23.3 Purprestures
    23.4 East Greenwich and other lordships of sold lands
    23.5 Registration of title to royal demesne
    23.6 The Royal Duchies
    23.7 Parliamentary manors
    23.8 Ancient demesne
    23.9 Changes affecting royal manors

    24 Beyond England
    24.1 Wales
    24.2 Scotland
    24.3 Ireland
    24.4 North America

    PART V - CONCLUSION

    25 Rolls and Unregistered Title
    25.1 Evidence of rights
    25.2 Manorial rolls
    25.3 Other manorial documents
    25.4 Ownership and custody
    25.5 Title deeds

    26 Registered Land
    26.1 General principles
    26.2 Land
    26.3 Manors
    26.4 Rentcharges
    26.5 Franchises
    26.5.1 Registration with its own title
    26.5.2 As overriding interest
    26.6 Customary and public rights
    26.6.1 Public rights
    26.6.2 Customary rights
    26.6.3 Town and village greens
    26.7 Easements and profits
    26.7.1 Rights of common
    26.7.1.1 In general
    26.7.1.2 Registered before 1965
    26.7.2 Easements and profits under inclosure acts or on enfranchisement
    26.7.3 Transitional provisions for land registered before 2003
    26.7.4 Land first registered after 2003
    26.7.5 Registrable profits in gross
    26.7.6 Rights of way over downgraded or former highways
    26.8 Ancient rights
    26.8.1 The pre-2003 law
    26.8.2 The Land Registration Act 2002 transitional provisions
    26.8.3 Priority
    26.8.4 Transitional non-manorial rights
    26.9 Manorial rights
    26.9.1 Meaning within the Land Registration Act 2002
    26.9.2 Entering on the register
    26.9.3 The Justice Committee report
    26.10 Transitional rights after 2013
    26.11 Human rights
    26.12 Minerals
    26.12.1 Exceptions and grants of strata
    26.12.2 Associated rights
    26.12.3 Profit of minerals
    26.12.4 Lord’s rights in enfranchised land
    26.13 Escheat
    26.14 Conveyancing and disputes
    26.14.1 Duty to disclose
    26.14.2 Information
    26.14.3 Old cautions
    26.14.4 Disputes

    27 Buying and Selling
    27.1 The market in manors
    27.2 Agents
    27.3 Lawyers
    27.4 Title
    27.5 Terms and conditions of sale
    27.6 Taxation

    28 Definition
    28.1 Jurisprudence of the manor
    28.2 Philosophy
    28.3 Historical understanding
    28.4 Ownership and public law
    28.5 Whether the manor is land
    28.6 Conclusion

    Appendices
    1.
    Precedents
    2.
    Extracts from Statutes
    Index

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