Duchy of Cornwall in law
Does the Duchy own all of Cornwall?
No. The Duchy owns 7,552 hectares of land in Cornwall, which is 13 per cent of the overall Duchy estate.
The Duchy estate has never owned the entire county of Cornwall and a large part of the estate has always lain outside of it. However, the Duchy has a special relationship with the county and has certain rights and responsibilities which relate to the county as a whole. It also owns the foreshore (coastline) and fundus (riverbed) around Cornwall and part of south Devon.
At its origin, the Duchy consisted of two parts: the title and honour (known as the dignity) and the territory (landed estate), which supported it financially.
The two titles, Prince of Wales and Duke of Cornwall, are held by the same individual but are nevertheless distinct. This is reflected in the two separate organisations of The Prince of Wales’s Office and the Duchy of Cornwall, which work together to support the heir to the throne.
The title Prince of Wales is the older of the two titles, and is conferred by a special creation. This differs from the title of Duke of Cornwall, which is hereditary and is either inherited at birth or on the accession of a new monarch to the throne. Prince William, for example, became Duke of Cornwall when his father acceded to the throne as Charles III in 2022.
Mineral rights
What is meant by the registration of manorial mineral rights?
The reason behind the current applications to register mines and minerals is that due to a change in the law, the Duchy of Cornwall, along with other owners of manorial rights across the country, is required to register all its manorial mineral rights with HM Land Registry in order to preserve them for the future.
This does not mean that new rights are being created, as these mineral rights have belonged to the Duchy for many centuries. Much of the land beneath which the Duchy is registering its mineral rights was occupied by tenants of the Duchy until the mid-nineteenth century when it became possible for tenants to buy the freehold of their leased land – leaving the mines and minerals reserved to the Duchy – by virtue of the Duchy of Cornwall (No 2) Act of 1844. Gradually, over the next 80-90 years, most of the former leasehold land within the affected areas was bought from the Duchy by the tenants at nominal sums, leaving the Duchy in possession only of the mines and minerals which is the position today. This application is solely to protect those rights, and does not indicate that the Duchy has any present intention to work the minerals.
Bona Vacantia
In Cornwall when an individual dies with no will or surviving relatives their property (or ‘estate’) passes to the Duke of Cornwall. The same is true on the dissolution of a company registered in Cornwall where any remaining assets pass to the Duke of Cornwall. This is known as bona vacantia
If there are no aunts or uncles of the half blood or their issue, then the Crown, Duchy of Lancashire or Duke of Cornwall, will inherit. The Treasury Solicitor will deal with the estate. The Gazette lists these ‘unclaimed estates’. [https://www.thegazette.co.uk/wills-and-probate/content/103523]
Bona Vacantia and the Duke of Cornwall's Benevolent Fund
The Duke of Cornwall’s Benevolent Fund
In Cornwall when an individual dies with no will or surviving relatives their property (or ‘estate’) passes to the Duke of Cornwall. The same is true on the dissolution of a company registered in Cornwall where any remaining assets pass to the Duke of Cornwall. This is known as bona vacantia. After any discretionary payments have been made, His Royal Highness chooses to donate all monies from bona vacantia to the Duke of Cornwall’s Benevolent Fund, which he established in 1975 to benefit local communities in the South West of England. Over the last seven years, The Duke of Cornwall’s Benevolent Fund has donated over £850,000 to a wide range of organisations. Much of this funding goes towards charitable projects that support environmental, conservation, wildlife and community projects, as well as the advancement of art, religion and education.
About bona vacantia
Part of the common law of England, “bona vacantia” is the legal name for ownerless property. All rights to bona vacantia originally belonged to the Crown – however some have been granted away from time to time.
In the case of the Crown, and since William IV’s reign, these rights have been included among the hereditary revenues surrendered in return for the Civil List. Such cases are therefore dealt with by the Treasury solicitor. However, this does not apply in the counties of Lancashire and Cornwall. Here, bona vacantia is dealt with by the respective Duchies.
Administration
The procedures for the administration of bona vacantia in Cornwall are very similar to those of the Treasury Solicitor (see: www.bonavacantia.gov.uk). Discretionary payments may be available to those, who might reasonably have expected to benefit from the estate of the deceased. You can find full guidance on discretionary payments from this website.
Bona vacantia is administered by Farrer & Co on behalf of the Duchy.
Foreshore
As a general guide, Duchy ownership within an estuary extends from a line across the mouth of the estuary to the highest point upstream to which the tide flows. Along each bank of an estuary and along the coastal foreshore, Duchy ownership extends up to the Mean High Water mark. Along the coast, the Low Water limit is the line of Lowest Astronomical Tide, beyond which is Crown seabed.
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The Cornish Foreshore Case was an arbitration case held between 1854 and 1858 to resolve a formal dispute between the British Crown and the Duchy of Cornwall over the rights to minerals and mines under the foreshore of Cornwall in the southwest of England, most of which was owned by the duchy.[1] The arbitration led to the Cornwall Submarine Mines Act 1858, which confirmed those rights for the duchy between the high and low water marks but not beyond.[2]Sir John Patteson served as arbitrator, while the Rt. Hon. Thomas Pemberton Leigh, Baron Kingsdown (during the course of the debate elevated to the peerage) represented the duchy.
The issue
The problem which gave rise to the dispute was explained by the Solicitor-General during parliamentary debates on the Cornwall Submarine Mines Bill, on 19 July 1858:
"the whole of the soil, and every thing under the soil, between high and low water mark on the shores of the kingdom, belonged to the Crown; and in numerous instances that right had been granted away, or passed to individuals by adverse possession against the Crown. In the case of the Duchy of Cornwall the difficulty had been this—very large grants were made of the soil and shore to the Prince of Wales in the time of Edward III by charters, and great difficulty had always arisen with regard to the construction of those charters. That doubt had been further increased by innumerable dealings which had since taken place between the Crown and the Prince of Wales in the shape of statutes, other charters, and deeds of various kinds. In consequence it had in recent times become matter of extreme uncertainty whether, as regarded the soil between high and low-water mark, and even below low-water mark, in the Duchy of Cornwall, the rights to minerals was in the Crown or the Duchy. In the year 1856 it was considered desirable that these doubts should be resolved, for it was found that the existence of doubts had had the effect of putting an end to various kinds of improvement, and checking mining operations."[3]
Cornwall Submarine Mines Act
| Act of Parliament | |
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| Long title | An Act to declare and define the respective Rights of Her Majesty and of His Royal Highness the Prince of Wales and Duke of Cornwall to the Mines and Minerals in or under Land lying below High-water Mark, within and adjacent to the County of Cornwall, and for other Purposes. |
|---|---|
| Citation | 21 & 22 Vict. c. 109 |
| Dates | |
| Royal assent | 2 August 1858 |
|
Status: Amended
|
|
| Text of statute as originally enacted | |
| Text of the Cornwall Submarine Mines Act 1858 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Cornwall Foreshore Dispute culminated in the Cornwall Submarine Mines Act 1858, described as, "An Act to declare and define the respective Rights of Her Majesty and of His Royal Highness the Prince of Wales and Duke of Cornwall to the Mines and Minerals in or under Land lying below High-water Mark, within and adjacent to the County of Cornwall, and for other Purposes".[4] The act, as originally passed, determined that:
"All Mines and Minerals lying under the Seashore between High and Low Water Marks within the said County of Cornwall, and under Estuaries and tidal Rivers and other Places (below High-water Mark), even below Low-water Mark, being in and Part of the said County, are ... vested in His said Royal Highness Albert Edward Prince of Wales and Duke of Cornwall in right of the Duchy of Cornwall as Part of the Soil and territorial Possessions of the said Duchy; but this Declaration is not to extend to the Mines and Minerals in or under Land below High-water Mark which is Part and Parcel of any Manor, belonging to Her Majesty in right of Her Crown".[5]
See also
References
- Philip Payton. (1996). Cornwall. Fowey: Alexander Associates
- Text of section 8 of the Cornwall Submarine Mines Act 1858 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- House of Commons Hansard (1858-07-19) Col. 1752
- "Cornwall Submarine Mines Act". Retrieved 13 January 2013.
- "Cornwall Submarine Mines Act" (PDF). Retrieved 13 January 2013.
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People
AHP Notes
Bona Vacantia and the Duke of Cornwall's Benevolent Fund
The Duke of Cornwall’s Benevolent Fund
In Cornwall when an individual dies with no will or surviving relatives their property (or ‘estate’) passes to the Duke of Cornwall. The same is true on the dissolution of a company registered in Cornwall where any remaining assets pass to the Duke of Cornwall. This is known as bona vacantia. After any discretionary payments have been made, His Royal Highness chooses to donate all monies from bona vacantia to the Duke of Cornwall’s Benevolent Fund, which he established in 1975 to benefit local communities in the South West of England. Over the last seven years, The Duke of Cornwall’s Benevolent Fund has donated over £850,000 to a wide range of organisations. Much of this funding goes towards charitable projects that support environmental, conservation, wildlife and community projects, as well as the advancement of art, religion and education.
About bona vacantia
Part of the common law of England, “bona vacantia” is the legal name for ownerless property. All rights to bona vacantia originally belonged to the Crown – however some have been granted away from time to time.
In the case of the Crown, and since William IV’s reign, these rights have been included among the hereditary revenues surrendered in return for the Civil List. Such cases are therefore dealt with by the Treasury solicitor. However, this does not apply in the counties of Lancashire and Cornwall. Here, bona vacantia is dealt with by the respective Duchies.
Administration
The procedures for the administration of bona vacantia in Cornwall are very similar to those of the Treasury Solicitor (see: www.bonavacantia.gov.uk). Discretionary payments may be available to those, who might reasonably have expected to benefit from the estate of the deceased. You can find full guidance on discretionary payments from this website.
Bona vacantia is administered by Farrer & Co on behalf of the Duchy.
n8. The original revenues of the duchy of Cornwall, as granted by the charter of Edward III., consisted of the castle,
borough, manor and honor of Launceston, with the park, &c. the castle, manor, and park of Trematon, with the
town of Saltash; the castle, borough, and manor of Tintagel; the castle, manor, and park of Restormel; the manor of
Climesland, with the park of Keribullock; Tybesta, with the bailiwick of Powdershire; Tewington, with its
appurtenances; Helston in Kerrier, with its appurtenances; Moresk, with its appurtenances; Tywarnail, with its
appurtenances; Penkneth, with its appurtenances; Penlyn, with the park, &c.; Rillaton, with the beadleship of East
Wyvelshire; Helston in Trigshire, with the park of Hellesbury, &c.; Liskeard, with the park, &c.; Calstock, with the
fishery, &c.; Talskedy, with the appurtenances; the town of Lostwithiel, with the mills, &c.; the profit of ports, with
wrecks, &c.; profits of the hundreds and courts; the coinage of tin, and all the Stannary profits, besides certain
manors and boroughs in Devonshire. The whole revenue of the duchy, as computed on an average of three years,
after the death of the Black Prince, the latter end of his father's reign, amounted to 2,493l. 7s. 3¼d. per annum. Of
this, 2,219l. 7s. 9¾d. arose from the Cornish estates, including 1,016l. 1s. 4d. per annum, which was then the profit
of the Stannaries. (See the particulars printed from the original at the Tower, at the end of Lord De Dunstanville's
edition of Carew's Survey.) Of the above-mentioned antient manors, Tybesta, Helston in Kerrier, Moresk,
Tewington, Tywarnail and Calstock, have been sold within the last fourteen years under the powers of the landtax
redemption act. In the reign of Henry VIII. the honour of Wallingford was annexed to the duchy, but the King
wishing to resume it, settled on the duchy in lieu thereof, the manors of West Anthony, Crofthole, Landreyne,
Portloo, and Port-Pigham; Northill, Trelowia, Tregameere, Trelugan, Treverbyn-ourtney, Landulph, Leigh-Durant and
Tinten, which had been forfeited by the Marquis of Exeter; the manors of Austell, Fentrigan, Trevenen, Gridiow,
Porthea-Prior, and the manor and borough of Fowey with the fishery there, all which had belonged to the priory of
Tywardreth; and the manors of Carnedon-Prior, Climsland-Prior, Treworgye, Stratton Sanctuary, Eastway, Boyton,
Bucklawren and Bonyalva, and the barton of Bradridge, with the advowsons of Treneglos, Warbstow, Stratton and
Davidstow, all of which had belonged to the priory of Launceston. The manors of West-Anthony, Crosthole,
Landreyne, Austell and Fowey, have been sold under the powers of the act of the redemption of the land-tax. The
clear revenues of the duchy, in the fifteenth year of King Henry VIII., amounted to 10,095l. 11s. 9¼d., of which the
issues of manors and boroughs amounted to 624l. 17s. 2¼d., the profits of the coinage of tin in Cornwall and Devon,
to 2,771l. 3s. 9¼d.; other profits connected with Cornwall, 204l. 0s. 5d. It appears, that in the 44th year of Queen
Elizabeth (1602.), the revenues of the duchy were much diminished, the sum total of the clear revenues being then
returned at 4,569l. 12s. 2¼d.; of this, 3,713l. 18s. arose from the county of Cornwall; and of this last mentioned sum
the profits of the tin were 2,623l. 9s. 8d.; the profits of manors, 846l. 15s. 7½d.; of boroughs, 93l. 15s. 4½d.; of
hundreds, 55l. 3s. 8d.; profits of offices, 74l. 13s. 1½d. (Sir John Dodridge's ancient and modern Account of the
Duchy of Cornwall, &c.) The present gross amount of the revenues of the duchy of Cornwall, is 22,000l.; of which,
8,500l. arises from the tin-duty in the county of Cornwall, and 3,500l. from rents of manors, fines, &c. in the same
county. The tin-duty, before the war, had been nearly 14,000l. per annum. The tenants of the duchy manors are
either free tenants, or conventionary or customary tenants (liberi convencionarii); the former hold their lands as
freehold of inheritance, subject only to a chief, or as it is called in Cornwall, a high rent to the lord. The
conventionary tenants hold from seven years to seven years, under a small, reserved rent, and suit and service to
the courts, and payment of a heriot. The custom of the manor as to descent is, that the widow has an estate for life,
and in case of no male heir, the eldest daughter inherits. In former times there were also bond conventionary
tenants (nativi convencionarii), the other being called free conventionary tenants; these bond tenants' estates were
subject, on the death of the holders, to the payment of all their chattels to the lord: there were tenants also termed
bond in blood (nativi de slipite), who held upon like terms, but could not put their sons to school, or marry their
daughters, without the lord's consent, and the youngest son inherited the estate. (Extent of the duchy of Cornwall,
11 Ed. III., in the King's remembrancer's office, Exchequer.)
via https://www.cornwallheritage.com/wp-content/uploads/2021/02/Magna-Brita…
n8. The original revenues of the duchy of Cornwall, as granted by the charter of Edward III., consisted of:
- the castle, borough, manor and honor of Launceston, with the park, &c.
- the castle, manor, and park of Trematon, with the town of Saltash;
- the castle, borough, and manor of Tintagel;
- the castle, manor, and park of Restormel;
- the manor of Climesland, with the park of Keribullock;
- Tybesta, with the bailiwick of Powdershire;
- Tewington, with its appurtenances;
- Helston in Kerrier, with its appurtenances;
- Moresk, with its appurtenances;
- Tywarnail, with its appurtenances; Penkneth, with its appurtenances;
- Penlyn, with the park, &c.;
- Rillaton, with the beadleship of East Wyvelshire;
- Helston in Trigshire, with the park of Hellesbury, &c.;
- Liskeard, with the park, &c.;
- Calstock, with the fishery, &c.;
- Talskedy, with the appurtenances;
- the town of Lostwithiel, with the mills, &c.;
- the profit of ports, with wrecks, &c.;
- profits of the hundreds and courts; the coinage of tin, and all the Stannary profits, besides certain manors and boroughs in Devonshire.
The whole revenue of the duchy, as computed on an average of three years, after the death of the Black Prince, the latter end of his father's reign, amounted to 2,493l. 7s. 3¼d. per annum.
Of
this, 2,219l. 7s. 9¾d. arose from the Cornish estates, including 1,016l. 1s. 4d. per annum, which was then the profit
of the Stannaries. (See the particulars printed from the original at the Tower, at the end of Lord De Dunstanville's
edition of Carew's Survey.)
Of the above-mentioned antient manors, Tybesta, Helston in Kerrier, Moresk,
Tewington, Tywarnail and Calstock, have been sold within the last fourteen years under the powers of the landtax
redemption act.
In the reign of Henry VIII. the honour of Wallingford was annexed to the duchy, but the King
wishing to resume it, settled on the duchy in lieu thereof, the manors of West Anthony, Crofthole, Landreyne,
Portloo, and Port-Pigham; Northill, Trelowia, Tregameere, Trelugan, Treverbyn-ourtney, Landulph, Leigh-Durant and
Tinten, which had been forfeited by the Marquis of Exeter; the manors of Austell, Fentrigan, Trevenen, Gridiow,
Porthea-Prior, and the manor and borough of Fowey with the fishery there, all which had belonged to the priory of
Tywardreth; and the manors of Carnedon-Prior, Climsland-Prior, Treworgye, Stratton Sanctuary, Eastway, Boyton,
Bucklawren and Bonyalva, and the barton of Bradridge, with the advowsons of Treneglos, Warbstow, Stratton and
Davidstow, all of which had belonged to the priory of Launceston.
The manors of West-Anthony, Crosthole,
Landreyne, Austell and Fowey, have been sold under the powers of the act of the redemption of the land-tax.
The
clear revenues of the duchy, in the fifteenth year of King Henry VIII., amounted to 10,095l. 11s. 9¼d., of which
- the issues of manors and boroughs amounted to 624l. 17s. 2¼d.,
- the profits of the coinage of tin in Cornwall and Devon, to 2,771l. 3s. 9¼d.;
- other profits connected with Cornwall, 204l. 0s. 5d. It appears, that in the 44th year of Queen
Elizabeth (1602.), the revenues of the duchy were much diminished, the sum total of the clear revenues being then
returned at 4,569l. 12s. 2¼d.; of this,
- 3,713l. 18s. arose from the county of Cornwall; and of this last mentioned sum
- the profits of the tin were 2,623l. 9s. 8d.;
- the profits of manors, 846l. 15s. 7½d.;
- of boroughs, 93l. 15s. 4½d.;
- of hundreds, 55l. 3s. 8d.;
profits of offices, 74l. 13s. 1½d.
(Sir John Dodridge's ancient and modern Account of the Duchy of Cornwall, &c.)
The present gross amount of the revenues of the duchy of Cornwall, is 22,000l.; of which,
- 8,500l. arises from the tin-duty in the county of Cornwall, and
- 3,500l. from rents of manors, fines, &c. in the same county.
The tin-duty, before the war, had been nearly 14,000l. per annum.
The tenants of the duchy manors are
either free tenants, or conventionary or customary tenants (liberi convencionarii); the former hold their lands as
freehold of inheritance, subject only to a chief, or as it is called in Cornwall, a high rent to the lord. The
conventionary tenants hold from seven years to seven years, under a small, reserved rent, and suit and service to
the courts, and payment of a heriot. The custom of the manor as to descent is, that the widow has an estate for life,
and in case of no male heir, the eldest daughter inherits. In former times there were also bond conventionary
tenants (nativi convencionarii), the other being called free conventionary tenants; these bond tenants' estates were
subject, on the death of the holders, to the payment of all their chattels to the lord: there were tenants also termed
bond in blood (nativi de slipite), who held upon like terms, but could not put their sons to school, or marry their
daughters, without the lord's consent, and the youngest son inherited the estate. (Extent of the duchy of Cornwall,
11 Ed. III., in the King's remembrancer's office, Exchequer.)