Leases for Lives and Rights Reserved Out of Property

[karen58]

Hello Bookbox,

My dilemma is I feel confident that Knarr was a leasehold. Knarr was an estate owned by the Lord of the Manor of Saddleworth, James Farrer.

Also, in the passage in his will, Robert Senior did use the word tenement, in law meaning anything that is held rather than owned.

According to the Manorial Court Roll, Robert Junior and another person were granted separate leases for three lives in 1750, each having half of the estate.

James Farrer’s manor was mapped in 1770 and only the estates under leasehold were included in the map. No freeholds were illustrated. Attached is the extract of the map for Knarr and the key. (source: Mapping Saddleworth, Volume II, Manuscript Maps of the Parish 1625 -1822, Saddleworth Historical Society, 2010.

The keys show who the leaseholders were and which enclosures they were leasing.

The key for Knarr shows that James Winterbottom (1735 - 1801) was the leaseholder of half of the estate.

James Winterbottom (1735 - 1801) was Robert Winterbottom Junior's son. He was born at Knarr and baptised 05 July 1735 at St Chad's Church, Saddleworth, the 'Son of Robert Winterbottom, Yeoman, and Ann his wife de Knarr'.

James Farrer died in 1791 and directed his executors to sell the manor.

James Winterbottom (1735 - 1801) purchased the estate from James Farrer’s executors at the auction in Huddersfield in April 1791. I don’t have a copy of that document yet but it has been verified by Saddleworth Historical Society.

However, land tax records from 1784 to 1791 list Jas Farrer Esquire as the owner and Jas Winterbottom as the occupier. Then the 1792 and 1793 records show that James Winterbottom is the owner/occupier.

James Winterbottom (1735 - 1801) devised Knarr to his sons in 1801. In his will he mentions all of the enclosures listed on the key and no others.
(source: WCW/Supra/C599B/33, Archdeaconry of Chester Probate Records, Lancashire Archives, James Winterbottom, Clothier of Knarr, 24 Aug 1801.)

Thank you for your help and interest in my little challenge nonetheless.

Warm regards
Karen

[Bookbox]

Thanks for posting more details, and the map. I agree that it does appear from the evidence that the property was leased.

All I can suggest is that the original lease was held by Robert senior, who then transferred it to Robert junior by a deed of assignment of lease, with a condition reserving the payment to himself. Under the terms of the will, that payment would eventually go to his widow.

A description of an Assignment of lease is here ...
https://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/leasehold/lease.aspx

As an aside, I can’t agree with your suggestion that a tenement is always leasehold. While that is clearly the origin of the term, it is also used far more loosely. There are plenty of references in deeds and documents to ‘freehold tenements’.

[karen58]

Hello Bookbox

Thank you for the link. I am very grateful. It certainly is a good possibility.

And yes, I agree with you. The word tenement seemed to be applied to both leaseholds and freehold. This is particularly noticeable in William Blackston Commentaries, which is why it can be difficult to understand which he is referring to.

Warm Regards
Karen