Who Owns England?

The second, the Northfield Inquiry into the Acquisition and Occupancy of Agricultural Land, got some way further. But although its 1979 report forms a valuable record of the agricultural land then owned by the public sector, financial institutions, and the then small number of overseas buyers, it strangely didn’t seek to investigate the large private landowners who own the great majority of land. Then Margaret Thatcher swept into office, and once again the moment for land reform was lost.

By now, however, many NGOs and investigative journalists were determined to break open the ‘secret state’ regardless of which party was in government. The Campaign for Freedom of Information was set up in 1984, perhaps an appropriate year for founding an organisation dedicated to the rights of the citizen against the overmighty state. It aimed to dismantle the culture of secrecy that pervaded Whitehall, and give people new tools by which to hold government to account. For fifteen years, under the direction of Maurice ‘Freedom’ Frankel, it campaigned tirelessly for a Freedom of Information (FOI) Act to give citizens the right to know what information was being held by public bodies.

The FOI Act finally came into force in 2005. Now, anyone can request information from any public body, simply by emailing them; the public authority is obliged to respond, and there’s a presumption in favour of disclosing information unless it’s covered by a specific exemption. Anthony Barnett, whose organisation Charter 88 campaigned for an FOI Act as part of a wider set of constitutional reforms, has written about its ‘crippling impact on the old regime’. Certainly, those in government came to regret making such a powerful concession. In his memoirs, Tony Blair castigates himself for being a ‘naïve, foolish, irresponsible nincompoop’ for introducing FOI, and considers it one of his greatest mistakes; although he may have been forgetting about something.

Freedom of Information requests are one weapon among a small arsenal of tools and data sources that have proven invaluable for uncovering more about who owns England. I’ll be referring to these investigative tools throughout this book. Some of them were conceded by the government as the intense secrecy of the Cold War dissipated; others have come about through our membership of the EU, or with the development of digital technology; all have been fought for tirelessly by activists, journalists and citizens.

I’ve made extensive use of FOIs in asking public sector bodies to release maps of land and properties they own. Also useful are the Environmental Information Regulations 2004 (EIRs), an EU-derived piece of legislation that gives citizens the right to access specifically environmental information. EIR requests are harder for public bodies to refuse than FOIs, and since 2015 they have also applied to the private water companies, thanks to some great campaigning by an environmental law firm called Fish Legal. I’ve been able to use EIR requests to prise open what land is owned by certain water utilities – though some of them have claimed, bizarrely, that ‘land’ does not count as ‘environmental information’.

It remains harder to find out about private sector land ownership, but here too there has been change for the better. For years, you could only access company accounts at Companies House by paying a fee, making serious investigations prohibitively costly. Then, in 2015, Companies House opened up all its data for free. Its success in providing this excellent resource presents a clear business model for what an open Land Registry should look like.

More recently, Companies House has also started registering ‘Persons of Significant Control’ – the ultimate owners or beneficiaries of registered companies. This is incredibly helpful for investigating complex corporate networks, and disentangling the inevitable knot of subsidiary businesses, shell companies and investments that the parent firms have set up or taken a stake in. For example, the scandal of ground rent properties – homes that have been sold to people on long leases, but which often contain escalating ‘ground rent’ charges hidden in the small print, sometimes making the properties impossible to sell. One of the biggest owners of ground rent properties in England is Wallace Estates. They are owned by the Wallace Partnership Group Ltd, who in turn are owned by Albanwise Ltd. But who owns Albanwise? Thanks to Companies House publishing Persons of Significant Control, we now know: a mysterious Italian billionaire called Count Padulli, who also owns a 4,500-acre estate in Norfolk. His country of residence, however, is stated to be the tax haven of Guernsey.

The increasing trend in recent decades to base companies overseas, and often in offshore tax havens, has presented a fresh challenge to obtaining information on who owns England. Offshore jurisdictions like Guernsey, the British Virgin Islands and Panama aren’t just attractive to companies for reasons of ‘tax efficiency’: they also provide a cloak of secrecy, with less transparent company registries than the UK. If you register a company in the British Virgin Islands, for instance, there is no obligation to reveal the Person of Significant Control who lies behind it.

Anti-corruption charities Global Witness and Transparency International have been pressing for full, public company registers to be implemented in all UK Overseas Territories – including Guernsey and the British Virgin Islands. For years, the government dragged their feet, before being outsmarted by a cross-party group of MPs who forced them to adopt the measures in an amendment to legislation. Even so, the Overseas Territories won’t have to publish any corporate registers until late 2020.

Still, there have been big strides in mapping the land owned by offshore companies. In 2015, Private Eye investigator Christian Eriksson and data journalist Anna Powell-Smith exposed the thousands of acres of land held by offshore firms, using FOI requests and clever mapping to obtain and display the data from the Land Registry.

Long before offshore tax havens were invented, however, the English aristocracy had perfected a system of avoiding taxes and protecting their inheritances: trusts. Many old landed estates are held in trusts, with trustees managing them on behalf of their beneficiaries, such as the heir to the dukedom or barony. This, too, can conceal the identity of the ultimate owners of land. Moreover, there is no public register of trusts. The Tax Justice Network continues to campaign for such a register, to increase transparency and guard against trusts being used for tax evasion.

Clues as to the extent of an estate can be found, though, via a wholly legal tax exemption wheeze sanctioned by HMRC. The government allows some land, buildings and works of art to be exempted from inheritance tax and capital gains tax, providing they are made available for the public to view for a certain period of time each year. In return, the owner of the ‘tax-exempt heritage asset’ must deposit a map with HMRC, alongside details of how members of the public can visit the property. Not everyone who has benefited from the scheme, however, has been so keen to let in the great unwashed. In the 1990s, comedian-turned-activist Mark Thomas discovered that Conservative MP Nicholas Soames was avoiding tax on ‘a lovely three-tier mahogany buffet, with partially reeded slender balustrade upright supports’, but wasn’t letting the public view it. He encouraged hundreds of people to make appointments to see the heirloom at Soames’s estate in Sussex. Eventually, the MP decided to simply pay the tax.

A similar resource exists where landowners have deposited estate maps with the local council to guard against future rights-of-way claims, using provisions in the Highways Act 1980 Section 31(6), as described in the previous chapter. Thousands of these maps lie buried on council websites; still more are likely gathering dust in council office filing cabinets. A few local authorities have had the good sense to fully digitise the maps and make the data available publicly, though many have not.

Many landowners are also the recipients of millions of pounds in taxpayer subsidies, in the form of various payment schemes for farming, tree-planting and environmental stewardship. These subsidies derive from the European Union’s Common Agricultural Policy (CAP), though the UK government shapes how they’re distributed. The data on farm subsidies can provide important clues as to the ultimate owner of a piece of farmland. Once again, however, this information hasn’t always been public. For years, ministers resisted its release, pressured by landowners’ lobby groups, who feared embarrassing stories would emerge about how much taxpayers’ money their members were receiving. But campaigners at the group FarmSubsidy.org persisted, and eventually the EU ruled that farm payments data had to become transparent. Some of the largest recipients of farm subsidies in recent years have turned out to be billionaire inventor-turned-landowner James Dyson, a Saudi prince who owns large horse-racing studs, and the Queen, for her private estate at Sandringham.

The data on overall farm subsidies now published by the government doesn’t come with maps. That makes it harder to use for locating landowners’ estates. But farm subsidies under the CAP regime come under two ‘pillars’. Pillar 1 payments are essentially a subsidy for owning land, with few other strings attached; they make up two-thirds of the money handed out annually. Pillar 2 payments, on the other hand, are allocated for environmental stewardship. Natural England, the government body that was until recently responsible for handing out Pillar 2 payments, publishes maps of where the schemes operate, together with the recipients. These maps can be very helpful in pinning down who owns the land – although in many cases the recipients are tenant farmers, rather than the ultimate landowners.

Similar maps still exist for a now-defunct payment scheme for woodland management administered by the Forestry Commission, called the English Woodland Grants Scheme. Since estates often maintain control of the forests and hedgerows on their estates even where they have leased the fields to tenant farmers, these maps can prove a surer guide to who really owns the area. With Brexit meaning that a huge shake-up of the UK’s farm subsidy system is now under way, it’s vital that we make future payments to landowners more transparent, rather than going backwards to the era of secret subsidies.

Perhaps the biggest underlying change of the past fifteen years that’s made exploring land ownership easier is the development of digital technologies. Until the 1990s, cartography was mostly still done on paper. Since then, the growth of GIS (Geographic Information System) mapping tools has transformed how maps can be made and shared. An EU directive called INSPIRE has forced the Land Registry and Ordnance Survey to publish digital maps showing the outlines of all land parcels in England and Wales – but not who owns them, and with licensing restrictions in place on reproducing the maps. Machine-readable datasets and open-source software have made it easier to analyse complex datasets detailing who owns land, while modern web mapping allows us to create powerful online maps.

The Open Data movement has also sought to shift culture, both within government and wider civil society, so that previously closed data is made open and easily accessible. As Internet pioneer Stewart Brand put it: ‘Information wants to be free.’

All these developments and work-arounds have increased our chances of finding out who owns England. But what of the present state of the Land Registry, set up over 150 years ago now, with the express purpose of gathering such information?

Here, the picture is not so rosy. The Land Registry remains incomplete: over 83 per cent of land in England and Wales has now been registered, but the ‘missing’ 17 per cent comprises millions of acres of land whose owner is unknown. That’s because the rules around registration remain too weak: land is mainly only registered when it changes hands on the open market, and there are of course many old estates which have remained in the hands of the same families for centuries. Worse, the information it does have remains enclosed behind a paywall. Unlike Companies House, the Land Registry still charges for access to most of its data. You can buy the details of a land title for £3 – but with 24 million land titles in its records, buying the answer to who owns all of England and Wales (or at least 83 per cent of it) would set you back a cool £72 million.

The Land Registry has also had to survive the recent near-death experience of attempted privatisation. In 2014, the then Chancellor George Osborne announced he was consulting on plans to sell off the Land Registry, as part of his austerity drive to cut public spending and monetise state assets. Coincidentally or not, Osborne had become a close personal friend of the Earl of Derby, descendant of the 15th Earl – the scourge of Victorian land reformers, whose idea for a Return of Owners of Land to quash the radicals had spectacularly backfired. It had been reported that Osborne had moved into a house on Lord Derby’s Crag Hall country estate in the Peak District, and was a guest at festivals and falconry events in the grounds.

Privatisation posed a mortal threat to ever finding out who owns England. Had the Land Registry been bought up by a private investor, its functions would have been directed entirely to extracting profits from its data, and all hope of opening it up freely to the public would have been lost. Fortunately, a coalition of groups, including the Public and Commercial Services trade union (PCS), 38 Degrees and the MP David Lammy, sparked a public outcry and forced the government into dropping its plans.

In the aftermath of the privatisation attempt, the Land Registry has finally begun to open up. I met with its CEO, Graham Farrant, a number of times in 2016, alongside other campaigners for housing charities and environmental groups. For some years, an alliance of data-geeks and senior civil servants, from the Open Data Institute to officials working on housing policy, had been working behind the scenes to crack open the Registry. Catharine Banks from homelessness charity Shelter argued that to do so would ‘be a massive step forward towards building the homes the country so desperately needs’.

To everyone’s surprise, Farrant agreed. He revealed that when he had worked previously in local government, he’d been appalled at the poor state of councils’ knowledge about even their own landholdings, and how many cash-strapped local authorities couldn’t afford access to the Land Registry’s data. With the threat of privatisation buried, he now wanted to chart a fresh course for the Land Registry; one that would see it both completed and opened up.

True to Farrant’s word, the 2017 Housing White Paper heralded a breakthrough for uncovering land ownership. It announced that the Land Registry would aim to finally complete its register by 2030; and that it would release free of charge its datasets showing the land owned by UK and overseas companies and corporate bodies – over three million land titles, covering a third of the land area of England and Wales. A source inside Number 10 has hinted that the impetus for this came from Theresa May herself. The Conservative Party manifesto for the snap general election that summer went further, announcing a commitment to merging the Land Registry, Ordnance Survey and Valuation Office to create ‘the largest repository of open land data in the world’. Labour’s manifesto promised for the first time to consider a land value tax, showing that the resurgence of interest in land spanned the political spectrum.

There is still a long way to go. Despite the government’s manifesto commitment, Ordnance Survey’s hold over mapping licences makes it very hard to properly map land ownership in England. To Anna Powell-Smith, my collaborator on whoownsengland.org, OS remains ‘the great vampire squid wrapped around the face of UK public-interest technology’. And although it has now released details of the one-third of land in England and Wales owned by companies and public sector bodies, the Land Registry remains resistant to overcoming the final taboo: publishing the details of the private landowners who own the remaining two-thirds.

In the thousand years that have passed since the Domesday Book, those seeking to uncover who owns this country have faced obstacles at every turn. Physically and legally excluded from large swathes of the countryside, with debate about land airbrushed from mainstream economics and stymied within political circles by the lobbying of landowners, the general public have had to clamour and campaign for access to the land and for information about who controls it. But it’s now possible, at last, to ask questions about who owns England, and credibly hope for an answer.

3

THE ESTABLISHMENT: CROWN AND CHURCH

Somehow, I had expected the Queen’s private home to be different. Sandringham House was certainly grand: vast rooms, stuccoed ceilings, great expanses of polished hardwood. Gilded Swiss clocks ticked on marble fireplaces. A statue of Kali, the Hindu goddess of destruction, stood in a gloomy corner of the entrance hall, dancing upon a vanquished enemy. Moth-eaten Union Jacks from doomed polar expeditions hung next to crystal chandeliers. And pinned to the walls were a startling arsenal of knives, scimitars and vicious-looking knuckledusters: the gift of fifty long-dead Indian princes from when Queen Victoria had been crowned Empress of India.

But the house was also curiously parochial. A book on gnomes lay on top of an old edition of the Guinness Book of Records. An endless array of mirror-backed cabinets, crammed with onyx carvings and jade elephants and dinner services, gave the place a cluttered feel. Chintz chairs jostled for space with comfy sofas, their padded upholstery perhaps still bearing the imprint of the royal behind. The heavily patterned, Victorian-style carpets looked well worn. This was, after all – as our waistcoated tour guide informed us – the family home of Queen Elizabeth and Prince Philip for many months of the year. It felt like a bizarre mix: at once an old lady’s living room, complete with its collections of china dogs and tea sets, and at the same time a regal residence, filled with the tribute of defeated kingdoms. But then, separating out the personal from the public functions of the Crown is always a tricky exercise, as I was to discover.

I had cycled to Sandringham with my flatmate Roger, after taking the train out to King’s Lynn. This part of Norfolk has royal connections going back centuries: out in the Wash, it’s rumoured, lies King John’s buried treasure, submerged in the mudflats when the royal baggage train was caught by incoming tides. But it wasn’t until 1862 that the royal family decided to make the area their home. Queen Victoria bought the house for her son, the Prince of Wales – and future King Edward VII – along with an estate that then comprised around 7,000 acres. Today, Sandringham has grown to be even larger: some 20,000 acres of Norfolk, taking in prime farmland, oak woods and landscaped parks.

The whole area is dominated by huge aristocratic estates. As we pedalled through the arid countryside, neighbouring landowners staked their territorial claims through KEEP OUT signs and heraldic carvings. The balustrade of a bridge we cycled over was embossed repeatedly with the letter ‘H’, denoting the property of Lord Howard of Rising. To the east of Sandringham lies the Marquess of Cholmondeley’s Houghton Hall, whose land is registered in the tax haven of Jersey, and who holds the hereditary post of Lord Great Chamberlain, an ancient officer of the Crown.

What makes the Sandringham Estate unusual is not just that it’s a royal residence. It’s unusual because it’s owned by the Queen in person, rather than by the institution of the Crown. When Queen Victoria acquired it, she registered it in the name of the Prince of Wales, to avoid it becoming part of the Crown Estate and thereby surrendering its revenues to Parliament. It’s his name that’s recorded as the owner of Sandringham in the 1873 Return of Owners of Land. The current land title for Sandringham states the registered proprietor to be ‘Her most gracious Majesty Queen Elizabeth the Second’. But it omits the crucial line, ‘in right of her Crown’, which would make it Crown property. The only other royal residence to be owned personally by the royal family is Balmoral in Scotland, and that was bought by Queen Victoria’s husband, Prince Albert, before his untimely death. The subsequent Crown Estates Act allowed the royal family to inherit Balmoral and Sandringham as private residences thereafter.

If all that seems oddly arcane and complex, you’re starting to grasp how archaic the British constitution remains. And while this might at first appear an irrelevant quirk of history, the monarchy’s survival continues to shape how power is exercised – and how land is owned. But to understand fully, we need to go further down the rabbit hole.

Our tour of Sandringham passed from the kitsch comfort of the drawing rooms into a darkened corridor, hung with drawings of the royals out hunting and lists of the estate’s gamekeepers. To my surprise, the walls were lined with cabinets stuffed with dozens and dozens of shotguns. ‘This is a .450-bore double-barrelled breach-loading rifle,’ recorded one label, ‘shot by Queen Victoria.’

‘Are any of these used by the Queen currently?’ I asked our tour guide.

‘Aha, no,’ he said. ‘The Queen does occasionally go shooting. But under the Firearms Act, you can’t publicly display weapons which are in current use. Thanks to Magna Carta, not even the Queen is above the law of the land.’

Well, up to a point, Lord Copper, I thought. Sure, the monarchy nowadays is a shadow of what it once was, its powers tightly constrained, its status mostly symbolic. But when it comes to taxation, for instance, the Queen has a very different arrangement to those which bind her subjects. She has only paid income tax voluntarily since 1993. Up to that point, no monarch had paid taxes since the 1930s, a revelation that sparked a public outcry at the time – particularly as ordinary taxpayers had just been asked to foot the bill for repairing Windsor Castle after it had been gutted by fire. Support for republicanism soared during a decade that saw several royal divorces and the death of Diana; although thirty years on from the Queen’s annus horribilis, those still calling for the abolition of the monarchy must feel like they’re ploughing the loneliest of furrows. Two royal weddings, a diamond jubilee and several more grandchildren have helped restore the royal family’s public standing.

The point of this chapter isn’t to persuade you to become a republican. But it is intended to show you how the monarchy continues to shape how power and ownership are exercised in the UK. It seeks to outline why the royals – alongside that other great Establishment survivor, the Church – still own so much land after many centuries of existence. Most of all, it explains how the Crown is partly to blame for why land ownership in England remains so unequal today.

The smart-arse answer to the question ‘who owns England?’ is a simple one: the Crown. All land is ultimately owned by the Crown, and freehold and leasehold titles to land are technically ‘held of the Crown’, and therefore derived from it. The Crown is ‘lord paramount’, with land titles held on its sufferance. If you die without a will, any land you owned reverts to the Crown through the law of bona vacantia.

In practice, owning a freehold in land nowadays means you can do pretty well what you like with it. No marauding monarch is going to come and take it from you. But that hasn’t always been the case.

It was William the Conqueror who declared that all land in England belonged ultimately to the Crown, straight after the Norman Conquest of 1066. At William’s instigation, titles in land henceforth would be derived from the Crown. The king sat at the top of this feudal pyramid, and the whole country was now his to carve up as he pleased: a giant cake to be cut into slices and handed out to his cronies.