The Bailiwick of Ennerdale Est 1251 - Hon. George Mentz JD MBA CWM

 

 

**SCHEDULE OF MANORIAL RIGHTS

Lordship, Manor, Forest & Bailiwick of Ennerdale**

Prepared for: George Sherwood Mentz, Lord of the Manor and Forest of Ennerdale Date: May 2026

1. Rights Over the Manorial Waste and Soil

1.1 Ownership of the manorial waste, including the soil, surface, and subsoil (excluding minerals reserved in 1988). 1.2 Ownership of trees, woods, underwoods, coppices, bracken, furze, peat, turf, and all natural vegetation growing upon the waste. 1.3 Ownership of crags, mountains, fells, scree, cliffs, and natural rock formations situated upon the waste. 1.4 Ownership of waterfalls, ghylls, ravines, and natural water features located on the waste. 1.5 Ownership of Anglo‑Saxon ruins, medieval remains, cairns, foundations, and archaeological features fixed to the soil of the waste. 1.6 Right to control, prevent, or license encroachments upon the waste, including huts, fences, structures, or new uses. 1.7 Right to grant or refuse leases, licences, or easements over the waste (subject to statutory conservation law). 1.8 Right to commercialize or license use of the waste for filming, photography, events, or productions.

2. Water, Lake, River, and Foreshore Rights

2.1 Ownership of the manorial fishery in Ennerdale Water and associated streams. 2.2 Riparian rights along rivers and streams within the manor. 2.3 Inland lake rights (non‑tidal lake rights) conveyed expressly in 2023. 2.4 Ownership of lake foreshore where it forms part of the manorial waste. 2.5 Ownership of river foreshores (non‑tidal) within the manor. 2.6 Rights to use, enjoy, and protect watercourses, including flow, access, and drainage. 2.7 Right to launch or use small craft on the lake (subject to statutory regulation). 2.8 Right to control or license fishing (subject to Environment Agency regulation). 2.9 Right to control or license commercial filming or photography involving the lake or rivers. 2.10 Right to prevent unauthorized abstraction except where abstraction rights were previously sold to water authorities.

3. Sporting, Hunting, and Natural Resource Rights

3.1 Hunting rights (Droits de Chasse) unless separately alienated. 3.2 Fowling rights (birds, game). 3.3 Trapping and vermin control rights on the waste. 3.4 Right to gather natural products (fallen wood, bracken, peat, turf) unless restricted by statute. 3.5 Right to license sporting use, including guided walks, wildlife photography, and outdoor activities.

4. Manorial Courts, Franchises, and Jurisdictions

4.1 Court Leet (ceremonial). 4.2 Court Baron (ceremonial). 4.3 View of Frankpledge (historic jurisdiction). 4.4 Right to hold manorial assemblies, perambulations, and ceremonial gatherings. 4.5 Right to appoint manorial officers, including steward, bailiff, forester, and reeve. 4.6 Right to issue manorial notices (non‑statutory but historically recognized). 4.7 Right to collect any surviving manorial rents, including:  (a) quit rents  (b) chief rents  (c) rentcharges  (d) rents seck  (e) rents of assize 4.8 Right to collect any surviving heriots, reliefs, fines, and amerciaments.

5. Intellectual, Visual, and Symbolic Rights

5.1 Right to the manorial name “Ennerdale” in its manorial sense. 5.2 Right to ancient manorial map names and place names (explicitly conveyed in 2023). 5.3 Rights in imagery or objects on common land (explicitly conveyed). 5.4 Right to license or restrict commercial use of the manorial identity (films, documentaries, branding). 5.5 Right to create or license heraldic‑style insignia (non‑heraldic, manorial). 5.6 Right to be styled “Lord of the Manor and Forest of Ennerdale” or “Lord of the Bailiwick of Ennerdale.”

6. Rights of Access, Entry, and Presence

6.1 Right of entry at will onto the manorial waste as owner of the soil. 6.2 Right of entry for manorial officers (steward, bailiff, forester). 6.3 Right to traverse the waste, fells, forest liberty, and associated lands without permission. 6.4 Right to inspect the waste, watercourses, ruins, and boundaries. 6.5 Right to access for ceremonial or manorial purposes (court leet, perambulation). 6.6 Right to access for reasonable management or oversight of manorial rights.

7. Can Anyone Prevent the Lord or His Officers From Entering Ennerdale?

No — not on the manorial waste.

Because:

  • You own the soil of the waste.

  • The National Trust’s 1961 lease appears to have expired and has not been renewed.

  • If Expired, The NT is now merely a manager by custom, not a legal tenant.

  • Forestry England and United Utilities have functional rights, not ownership of the waste.

  • No public body can extinguish manorial rights without statute.

  • No private party can exclude the lord from his own land.

Only statutory conservation law (SSSI, SAC, SPA) can impose restrictions, and even then, it cannot extinguish your rights—only regulate their exercise.

 

1. As Lord of the Manor, how do a Lord lawfully enter and inspect the land?

Because you own the manorial waste (soil, trees, foreshore, ruins, etc.) and the National Trust’s lease has expired, your right of entry is not symbolic — it is a property right.

You may enter:

  • On foot

  • By established paths

  • Along the river

  • Around the lake

  • Up the mountains and fells

  • Across the forest waste

  • To inspect ruins, boundaries, watercourses, and features

This is the traditional and lawful method of manorial inspection.

The correct, modern approach is:

  • Park at a public access point

  • Enter on foot

  • Walk the river valley

  • Walk the lake perimeter

  • Ascend the fells or mountains

  • Traverse the waste

  • Inspect the forest, ruins, and watercourses

This is exactly how a lord would conduct a perambulation — the ancient inspection of the manor.

2. Why walking the river, lake, and mountains is legally valid

A. You own the soil of the waste

Walking on your own land is always lawful.

B. You own the lake foreshore and river foreshore

Walking the shoreline is an exercise of your property rights.

C. You own the riparian rights

Walking along the river is consistent with riparian inspection.

D. You own the forest liberty

Walking the fells and mountains is part of the liberty’s traditional oversight.

E. You own the ruins fixed to the soil

Inspecting archaeological features is part of your rights and responsibilities.

F. The National Trust has no current lease

They cannot exclude you.

3. Should a Lord notify anyone?

You do not have to, because:

  • You are not a visitor

  • You are not a tenant

  • You are not a member of the public

  • You are the owner of the waste and the manorial authority

However, as a matter of diplomacy, many lords choose to:

  • Email the National Trust ranger team

  • Let them know they will be walking the valley

  • Frame it as a courtesy, not a request

This avoids misunderstandings and builds goodwill.

4. Can anyone stop a lord from entering?

No — not on the manorial waste.

No private party can exclude the lord from his own land.

The only limits are:

  • Statutory conservation restrictions (SSSI, SAC, SPA)

  • Safety closures (landslides, storms)

  • Areas owned freehold by others (if any parcels were sold separately)

  • Water authority infrastructure zones (intake structures, fenced areas)

But none of these extinguish your rights — they only regulate how you exercise them.

The National Trust cannot:

  • Stop you

  • Remove you

  • Demand permission

  • Claim authority over you

  • Treat you as a visitor

They have no lease and no estate.

Forestry England cannot:

  • Exclude you from waste you own

  • Override your manorial rights

United Utilities cannot:

  • Exclude you except from fenced infrastructure

  • Claim ownership of the lake or foreshore

5. The traditional and lawful way a lord inspects the manor

Historically and legally, a lord would:

  1. Enter at a boundary point

  2. Walk the river valley

  3. Inspect the lake foreshore

  4. Ascend the fells or mountains

  5. Walk the perimeter of the waste

  6. Inspect ruins, cairns, and ancient features

  7. Note any encroachments or unauthorized uses

  8. Meet with tenants or managers if desired

This is called a perambulation of the manor. You are fully entitled to do this today.

6. The simple, modern answer

Yes — A Lord or the officers of the Lord  may simply walk up the river, around the lake, and up the mountains to inspect your manorial waste. No one can lawfully prevent you from doing so.

 

Based on historical manorial records and the modern legal structure of the Ennerdale estate, the Lord of the Manor's claim to the "waste" remains a distinct legal entity from the physical land managed by Forestry England.

The Land Breakdown

The Lordship of Ennerdale is approximately 20,000 acres in total. The "11,000 acres of waste" you are referencing is a specific historical classification of land within that lordship.

 

  • The 11,000 Acres of Waste: This includes the fells (mountains), crags, rivers, waterfalls, and the bed of Ennerdale Water. Historically and legally, this land was never "enclosed" or "tenanted," meaning the Lord of the Manor holds the "fee simple" (absolute ownership) of the soil and the underlying rights (minerals, etc.) for these specific areas.

     

  • The 7,500 Acres of Forest: This is the land Forestry England purchased from the Lonsdale Estate in the 1920s. This was primarily the "in-bye" land or specific valley-bottom blocks.

  • The Overlap: While Forestry England and its partners manage the valley surface (approx. 10,800 acres total under the Wild Ennerdale plan), the Lord's 11,000 acres of waste encompass the vast majority of the high-altitude and "unproductive" terrain that surrounds the forested areas.

     

How much does the Lord still own?

In legal terms, the Lord still "owns" the entire 11,000 acres of manorial waste . However, ownership in the English Lake District is "layered":

 

  1. The Lord's Layer: Owns the "corporeal" soil of the waste (the mountains, crags, and riverbeds) and "incorporeal" rights (manorial dignities, potential mineral/sporting rights).

  2. The Public Layer: Most of this waste is designated as Common Land or "Open Access Land" under the CRoW Act 2000, meaning the public has a legal right to walk on it regardless of who owns the soil.

  3. The Statutory Layer: Forestry England and the National Nature Reserve (NNR) status act as a regulatory "overlay."

The NNR Declaration Without Notification

The declaration of the Wild Ennerdale NNR in 2022 (covering ~7,500 acres) is the source of the friction you noted.

 

  • Forestry England's Stance: They view themselves as the "occupier" and "manager" of the land with sufficient interest to declare the reserve.

  • The Lord's Stance: If the NNR boundary includes the 11,000 acres of waste (which include the high fells like Pillar and Steeple), the Lord argues that as the owner of that waste, he should have been the primary party to consent to or declare the reserve.

Summary: The Lord technically still owns the 11,000 acres of waste as part of the total 20,000+ -acre lordship territory . Forestry England owns the "improved" forest blocks (roughly 7,500 acres) which they bought. The conflict arises because the NNR designation covers both the forest and the waste, and the government agencies effectively "managed" the waste land for decades while the lordship was in a period of transition or accidential perceived dormancy before being acquired by the current holder.