Background
Summary of Council decision:
Two issues were investigated, both were Upheld.
Ad description
A sponsored search ad and claims on www.lordtitles.co.uk:
a. The sponsored search ad included the claims "Buy a Lord or Lady title … Genuine Lordship or Ladyship title with land in England - £18.95".
b. The website included the claims "ENGLISH LORDSHIP TITLE £18.95 … WHAT WILL I RECEIVE? All packs contain a genuine English Lordship (Lord) title, personalised certificate (gold embossed), 2 square feet of dedicated land, an information brochure, the historic coat of arms and login details to the online Members Area ... WHERE IS THE LORDSHIP LAND? Your title comes with 2 square feet of dedicated land situated in a beautiful corner of the Lake District on the shores of Lake Windermere … There are no other costs, taxes or liabilities and you can visit your land at any time … "WHEN IS THE TITLE FROM? Our legally registered Lordship and Ladyship titles were created in the Medieval system following the Norman conquest. Each title lasts 999 years and there are no other costs, taxes or liabilities … AM I BUYING A PEERAGE? No, the key thing to understand is that Lordship of the Manor titles are not the same as peerages (which cannot be bought or sold)".
Issue
The complainants challenged whether the ads:
1. misleadingly stated that the advertiser sold land, because they understood it was not possible to transfer ownership of registered land for the advertised price; and
2. were misleading, because they understood genuine Lordship of the Manor titles were available only when registered land was owned and that such titles could not be subdivided.
Response
1. Lordtitles.co.uk (Lordtitles) said they did not transfer ownership of registered land. Each customer was assigned two square feet which was held in charitable trust and was a personal land dedication, rather than constituting ownership. They said they always stated that land would be dedicated but were redeveloping the website and would amend it to state that dedicated land did not constitute land ownership and that the land was held in a charitable trust. They said they would also be reviewing their sponsored search advertising, which had stated "with land", rather than "with dedicated land", as a result of strict space limitations that were based on such ads having only 35 characters of ancillary copy. They said it was difficult to give complex details of products within those constraints but acknowledged they had misjudged the information provided in the ad.
2. Lordtitles said there was no legal requirement to register a Lord of the Manor title. They said most titles were not registered with the Land Registry and the ability to do so was due to be phased out in 2014. The honorific titles Lord of the Manor of Wansley and Lady of the Manor of Wansley were genuine bygone titles owned by Lordtitles and were "incorporeal hereditament". They said the Land Registry definition of the titles was: "the lordship of the manor is simply the title by which the lord of the manor is known. In many cases the title may no longer have any land or rights attached to it. Because of its origin and lack of physical substance, it is known as an 'incorporeal hereditament'. Incorporeal hereditament means 'an interest having no physical existence'". Their titles were registered with the Intellectual Property Office (IPO), which they believed was the most professional, legal and effective way to manage such a title. Lordtitles said the registration or licensing of the titles through the IPO did not negate their historical authenticity. They submitted details of the rights held with the IPO and the Land Registry professional guide on manors.
They said they supplied a fun, low-cost and legal gift pack. Lordtitles said they retained singular ownership of the titles but licensed them out under a non-exclusive commercial licence for 999 years, which meant that customers could legitimately use the Lord or Ladyship title for that period. Customers also received a legal title deed that allowed them to formally update their honorific titles if they wished.
Assessment
1. & 2. Upheld
The ASA acknowledged that Lordtitles were willing to amend their advertising and noted that the product was intended to be a fun gift. We also noted the titles Lord of the Manor of Wansley and Lady of the Manor of Wansley were registered as trademarks with the IPO, rather than being genuine titles, and that consumers did not receive registered land or a genuine Lordship of the Manor title but instead a non-exclusive 'licence' to use a title that we understood the advertiser owned.
We acknowledged that ad (b) included the text "2 square feet of dedicated land" and explained that consumers would not be purchasing peerages. We considered, however, the overall impression of the ad (for example the text "ENGLISH LORDSHIP TITLE", "genuine English Lordship (Lord) title", "you can visit your land at any time" and "Our legally registered Lordship and Ladyship titles were created in the Medieval system following the Norman conquest", as well as its presentation which included, for example, crests and an image of land) was that (although not peerages) genuine lordship titles and the registered land associated with them were available to purchase.
We noted that ad (a) did not refer to the size of the land, or to it being "dedicated", and that it included the text "Buy a Lord or Lady title … Genuine Lordship or Ladyship title with land in England - £18.95", which we considered also gave the impression that genuine titles and the registered land associated with them were available via www.lordtitles.co.uk. We noted that was not the case and, for those reasons, we concluded that the ads were misleading.
The ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation).
Action
The ads must not appear again in their current form. We told Lordtitles to ensure their future advertising did not misleadingly imply they offered ownership of registered land or genuine titles.
