Manorial Rights (England and Wales)

Nia Griffith Excerpts

Wednesday 15th January 2014 Westminster Hall

[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the Land Registration Act 2002, are supposed to provide transparency and clarity on these ancient and in many cases outdated manorial rights.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.

[Nia Griffith (Llanelli) (Lab)]

My hon. Friend will be aware of the considerable concern of many constituents throughout the country about chancel repair liability. He will also know that the General Synod of the Church of England recommended phasing that out in 1982, a call that was repeated by the Law Commission in 1985. Would he suggest that, as the October 2013 deadline has passed, the Government should at least set up a parliamentary committee of inquiry to try to sort out all these issues?

[Albert Owen]

I am grateful to my hon. Friend, who has been campaigning on behalf of her constituents on this matter as well. I am sure that the Minister heard what she said. That is one way forward that the Government could take, working with the Church Commissioners. Perhaps there will also be an opportunity for a question to the Church Commissioners in the House.

In relation to the Council of Mortgage Lenders, I should like the Minister to reassure people in my area and others that the current status of manorial rights is not regarded as a blight that warrants restriction on lending in future. Does he agree to senior officers of the Land Registry meeting myself and other concerned Members of Parliament to discuss the issues and how they can best be handled and improvements made? Serious errors in my area, with people receiving not just one notice but two, have heightened the anxiety and distress.

Will the Minister consider seriously whether local authorities could make a collective response to the Land Registry on behalf of residents? I know the law is complex, but in the 21st century we should be looking to give greater benefits, to simplify the process, to rebalance property rights away from the unique protection of ancient rights that are often absurd, and to protect today’s property owners for the future. I make that statement today—other hon. Members have spoken in the same vein—to get a positive outcome, not to just raise the issue and let it be.

Many people who have contacted me are receiving notices saying that owners of titles are contesting this matter. It will go on and cause greater anxiety unless the Minister responds in a more positive way and considers changing the laws. The Minister is a reasonable, progressive man and he will understand the genuine concerns raised today about my constituency and on behalf of the people of Wales and England who want to look forward with comfort, having bought their properties and done the right thing, encouraged by this Government and others before them, rather than find themselves with an additional burden regarding rights on their properties. I hope that we can all work together to alleviate those concerns and anxieties and have property laws fit for the 21st century.