Who owns England?

 

We do!

As a society we own all the land in the country through the crown.

At the beginning of the Norman occupation, William The Bastard, Duke of Normandy, seized all the land of England as his personal possession - “to use and abuse as he sees fit” - he owned all of it.

He then granted the right to hold parcels of land to his family, friends and supporters.

This right, the "freehold", was conditional - anyone who rebelled against the crown, or refused to provide service and a share of the rent taken from those who worked the land, found the right taken away and handed to someone else.

Nothing has changed since.

The “escheat” section of this page on The Crown Estate web makes it clear that all land is held by the crown.

The case of Army v Dalkziel (1944) made it clear that purchasing a house does not mean buying the land - you purchase the right to “hold” it from the crown as “freehold”.

  • We, as a society, own all the land in England through the crown.

  • We, as a society, control how land may be used through the planning system.

  • We, as individuals, may purchase the freehold on land. We "own" the buildings but we "hold" the land.

    You cannot be a "landowner" but you can be a "landholder" - as a "freeholder".

  • The Land Registry records all transactions on land - including details of the freeholders.

  • Land Value Tax enables us all to benefit from the value of our biggest national asset - land.

Old money v new money

Old money has held and protected wealth for generations, sometimes as far back as 1066! The eldest son inherits, the second becomes a lawyer (to create laws to protect wealth), the third joins the army (to expand and protect wealth) and the fourth becomes the local Church of England Rector (to benefit from tithes).

In the last two centuries new money has “made money” in all sorts of ways, including industry, trade (including the slave trade) and banking (including financial gambling, investment funds, hedge funds etc.) In recent decades “celebrities” (film stars, musicians, footballers, TV performers, media owners, people famous for being famous etc.) have joined the ranks of new money.

Old money usually keeps a low profile living relatively quiet lives (dogs by the Aga, paintings on the walls) in country houses or stately homes - some of which they open to the public to pay for the upkeep. Old money has “taste”.

New money often flashes its wealth with yachts, fast cars, private jets, helicopters, posh frocks, bling, diamonds, expensive watches, basement swimming pools etc. New money buys “taste” using an entire industry of up-market interior designers and garden designers.

Old and new money sometimes mix - for example, in the pages of “The Revolutionary’s Handbooks”: Tatler and Vogue.

Old and new money often invest in property - ranging from large land holdings and country estates to expensive mansions in London and abroad. Many also become landlords, living off rent.

Land has a huge advantage for both old and new money. It can be purchased using tax advantageous schemes like Business Asset Roll Over Relief and it is very simply to pass from generation to generation tax free using a variety of methods including gift transfers and trusts in the UK and/or in tax havens. Trusts created to hold country houses often become charities to gain further tax advantages from visitor entrance fees.

Land Value Tax meets huge opposition from both old and new money - because it is simple to understand (unlike existing tax law which is full of loopholes ripe for exploitation), fair (because those with the most will now contribute the most) and impossible to avoid - no matter how much is spent on tax avoidance specialists.

Those with old and new money are of course free to leave the country - but they can’t take their landholdings with them and they will still have to pay LVT!

Old and new money land holdings

This represents a small selection of land held by old and new money.

Why would anyone buy land?

The answer is fairly obvious if we have a use for it - for homes, factories, offices etc

It becomes less obvious when it is agricultural land.

No one in their right mind would buy agricultural land in the hope of making a good return.

There are plenty of places to invest capital and bring in at least 5% a year. A couple of years ago even the government was offering over 6% in National Savings bonds!

Agricultural land varies in price depending on its quality but £12,000 an acre would be a good working value. 5% of £12,000 is £600. No tenant is going to pay £600 an acre as rent and you won’t make £600 an acre even if you sit on your tractor and farm it!

It may be hard to believe but the price of agricultural land can go down as well as up. During the agricultural depression from the end of the 19th century, when cheap imported food from The Empire destroyed English farming, until the start of WWII, the author’s grandfather (who had made money as a flour miller) bought two farms in Herefordshire and one in Gloucestershire - at knock down prices!

So why buy it?

  • To avoid tax by selling all or part of an existing business and using Business Asset Roll Over Relief.

  • To avoid Inheritance Tax by using Agricultural Property Relief (APR).

    Those who held land before APR was introduced in 1984 had to pay inheritance tax - usually by raising a mortgage on the land or selling a field. One way or another, real family farms (the sort where the owners actually work on the land) survived before 1984. The country estates, where the owners didn’t dirty their hands but simply extracted rent, were protected by trusts, tax havens and other tax avoidance schemes.

    It is worth remembering that 63% of agricultural land in England does not benefit from APR - because it is farmed by tenants and the landlord gets the APR!

  • To join the toffs and shoot pheasants.

  • For status, to join “the landed gentry” and to act as lord of the manor.

  • As an asset that doesn’t loose value (you hope). At least you can enjoy land, unlike gold or bitcoins!

  • To farm it. Those who have bought land to avoid tax, or as a hedge against inflation, have forced up the price of land beyond reason - preventing genuine farmers, particularly young farmers, from being able to buy land for farming.

Land Value Tax, and scrapping APR, will gradually reduce the real price of land - after all, taking rent, having to pay LVT and getting no tax benefits, will push fake farmers out of the market.

Splitting hairs

You can “own” buildings but you can’t “own” land - you “hold” land as “freehold”.

As a society, we are the only “landowners” - the rest are “landholders” no matter what they think!

It is highly unlikely that anyone will try to take away freehold so many people think of it as "owning" and refer to "landowners" rather than "landholders".

Those who insist on the legal difference between "own" and "hold" are accused of "splitting hairs", being "out of date", "living in the past" and engaging in "student level thinking". The people who call us these things are usually landholders, in the pay of landholders or lackeys and sycophants - and we are decades beyond our student days!

However, the difference is vitally important if we are to see land for what it is - a national asset to be used for the benefit of us all.

We urge everyone in favour of LVT to consistently use "landholder" not "landowner".

Tom Griffiths

Owner and Squarespace Web Designer | Tenji Digital.

https://tenjidigital.co.uk
Previous
Previous

Comparing LVT with other taxes

Next
Next

Life is not great for young people