The madness of UK land law

I thought I would write about something quite close to me tonight because it has angered me. Rather than the ethereal world of politics which can sometimes feel quite abstract.

I have a friend currently buying a house, with several acres of field adjacent, in a village in the Green Belt just outside Oxford. The vendors are the Church Commissioners. Apparently hurt after being stung over several years or decades by having sold off properties on which the buyers have then got planning consent and made a fortune they are trying their best to tie down buyers.

This is nothing new. The landed have often put restrictive covenants on land that say that if the buyer subsequently gets permission to do some profitable development they will get some profit. I personally think this is an outrage in itself - since I don't really believe in the right to trade in land, our only real common wealth, for profit.

But get this - the Commissioners think they have it all sewn up. They would like to sell my friend only the freehold of the surface of the land itself. A 'flying freehold" where they retain the freehold of the airspace - yes, the air - above three meters above the ground, and the subsoil more than a meter below the surface.

My friend is not buying an option, he's buying a home. If circumstances change twenty years down the line and this piece of green belt becomes developable, yes, he might make a killing, but that's not why he's buying it. If the Church Commissioners want to retain this, they should not be selling the property at all. If they were to sell a bunch of shares they hold to someone, would they expect to be able to keep the dividend, or to stipulate that if the company is taken over after twenty years and the buyer rakes in a small fortune they should have some of it? No, that's what's called investment risk - the risk that they sell something that's still got further to go upwards for whatever reason.

All this just goes to show that what people generally think of as "theirs" - the land on which their homes stands and so on - is frequently not. It's bonkers. Large areas of North Oxford still have restrictive covenants granting some nobleman not so far away the right to prevent development on land long ago sold by his forebears.

Why on earth do people therefore complain about the idea of a Land Value Tax. At least that tax is going to the common treasury to be spent on others usually less fortunate...rather than to vast institutions and ancient landlords wanting to maintain a finger in a pie they disposed of, presumably for good investment decision reasons, ages ago.

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Comments

And actually, while I think about and before someone else points it out - I can think of examples of where people sell shares whilst reserving different aspects of ownership - non-voting shares, preference shares and so on.

I arranged to keep some freehold land - 6 little plots with strip houses in Birmingham - for my pension (am I greedy, should I have sold them ... and to who .... 30 years ago they were worth almost nothing, OR keep them and put my odd savings somewhere else and yes I worked in a place like Brookes Uni. so not well paid then but I digress...) - now I find that they are to be stolen from me for only a third of their value under the leasehold reform act.

So I have sold a couple previously to sitting leaseholders for a song! - fair doos the families had been living there for decades BUT recentlyI am being forced to sell at a third of their value a) one plot to the beneficeries of a dead man who never wanted to buy the land anyway and b) two more plots to a farmer who lives 90 miles away BUT only after he had sold them both at public action and waited 26 days to serve a notice to buy - which he cannot as he has sold them already but thats the law! ( the ethnicity of the purchaser of the two and his background opens a whole new can of worms ... which I suspect the readers of this blog would not support).

SO where did the money come well not from not thieving barons but my great aunt who married a hard-working dispensing chemist and for a 'hobby' or was it a pension or perhaps heaven-help-us a conviction, she paid a few pounds for some land to encourage new houses to be built, so now the 96 years of the 99 year leases are due, some b....d serves a notice forcing me to sell at one third their value - as far as I am concerned 'a deal is a deal' so they break a deal with government help, and you all deserve what you get! Even if the leaseholds have
been bought and sold by the 'landed' they always new that the deal was to return the land with (or without) the
house.

I'm not so sure I agree, Jock. Why shouldn't the landowner sell exactly the rights they want to sell. I don't want to be purist - leasehold reform is important because many domestic freeholds are bought up by scumbags who use bullying tactics to extract extra revenue.

But in this case the problem as I see it is simply that the retained interest in the land will go untaxed. With LVT the church would have to pay a fair portion, perhaps?

Hmmm, this raises an interesting point - I'm sure the LVT wonks have thought of it - but how should esoteric land interests be taxed.

If I own, say, the lapinage (the right to hunt rabbits) for 20 acres of land that is otherwise yours, should I pay some LVT on that? Should there be a built-in incentive to get rid of some of these absurd esoteric rights that can only cause inefficiency and nuisance.

Since most of the landowners who seem to want to preserve some future interest in these esoteric ways are the remnants of those who just stole it, conquered it or were given it out from underneath the feet of those who worked it, I don't have a lot of sympathy with them.

Yes, I suppose, in a free market, one should be able to dispose of exactly what parts one wants to dispose of. But this was he main reason for me making the point - one of the commonest objections to LVT is that his land is mine, I paid for it" whereas the history of landholding in the UK has always been that they are a "bundle" of rights of which you don't necessarily own or trade the whole bundle, but parts of it.

Indeed at one point the "deed" was a bundle of sticks passed from one "owner" (from the same Anglo-Saxon root as "owe" incidentally, as in feu duty to the crown) to the next.

I just think the whole thing is barking mad. It is designed simply to line the pockets of lawyers into the future so far as i can see. Of course if there was an LVT, the need or desire of someone to hold onto development gains after they sold would be negated by the tax."

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