All your house belong me

I have to explain more frequently than one may imagine the meaning of ‘freehold’. In England, only the Sovereign owns land; the rest of us just hold bits of the Sovereign’s land on various terms. Freehold means just that – that we hold the land of the Crown free of fee and charge. Of course, from 1688 onwards the grounds on which the Sovereign could deprive us of our holding have been increasingly governed by legislation. Generally only when the Crown wants to enable the building of  a new airport or motorway can our holding be cancelled. And when that freehold is also your dwelling even the Crown (through the civil courts) can’t transfer that freehold to your creditors in settlement.

I deliberately wrote ‘England’ above. Things are slightly different in Scotland. The 2003 Scottish Land Reform Act though is pretty similar to the Countryside and Rights of way Act 2000 in England; both grant rights to others to use your land for recreation. Aimed at the bogeyman of large landholders, as hated as bankers in some parts, these were populist bits of legislation designed as vote-winners. A few disgruntled peers  having to tolerate the hoi-polloi in fluorescent kagouls picnicking on their lawns didn’t count.

But now it seems the legislation will be tested in the ECHR; are the rights granted to walkers and crofters at odds with the rights to enjoyment of property in the European Convention? People like the Duke of Buccleuch are unlikely appellants for Human Rights, but the Court of Session in Edinburgh must now turn its mind to the question.

Those hoping that court cases arising from the Convention may strengthen the rights of individual land ownership in England are doomed to disappointment. ‘Queen say all your house belong me’. And that’s the way I’m sure it will stay.

12 comments for “All your house belong me

  1. WitteringWitney
    June 25, 2011 at 8:22 pm

    Actually it will be another nail in the coffin of our politicians who inform us that they still govern us, were the ECHR to turn our law of property rights on its head…………..

    One definitely worth watching……….

    • June 26, 2011 at 5:24 am

      *gets popcorn*

  2. Andrew Duffin
    June 25, 2011 at 9:15 pm

    I’m quite relaxed about it turning out that HM the Q actually owns my house: she’s far too polite and well-mannered to do anything about it.

    Politicians, on the other hand…

    • David
      June 27, 2011 at 3:09 pm

      Quite!

    • Luvin it
      June 27, 2011 at 8:21 pm

      Go to the royal website. In search box type ‘eu citizen’. Open page called ‘Queen and the Law’. Read. Digest. Tell others what you learned.

      THERE IS NO LAWFUL CONSTITUTIONAL SOVEREIGN MONARCH ANY MORE!

      Mrs Windsor, EU Citizen, can try and wriggle as much as she wants but the treasonous abandoner of thrones has zero claim on my private property. The courts who fraudulently still claim to act under authority of the Crown will obviously do everything possible to keep the charade going.

      I am a sovereign in open Lawful Rebellion and I am the only lawful sovereign I recognise having any claim on my property. Council Tax? They don’t even ask me for it……AND any puppets of the EUSSR (especially council drones) that set foot on my land will have the bloody dog set on them. I’ve put up the warning signs!

      Incidentally UN Agenda 21 wants to do away with private ownership of property and also national sovereignty. Do I sniff some subterfuge taking place behind the scenes here as part of a larger political agenda?

      99% plus of the population are complete mugs! 🙄

      • Luvin it
        June 27, 2011 at 8:23 pm

        If you come in peace and want to picnic on my lawn like decent people then you’re more than welcome (and my dogs actually a complete pudding 😉 ). Pass me a cold one…

  3. June 25, 2011 at 9:16 pm

    My understanding is that all landowners in Scotland have Allodial Title.

    Essentially, if there is no debt outstanding (nor any liens on the property/land) no-one, not even the Lord God Almighty, can take it off you.

    More info here:

    http://en.wikipedia.org/wiki/Allodial_title

    CR.

    • Sackerson
      June 27, 2011 at 5:43 pm

      “all landowners in Scotland have Allodial Title”

      I think this has been changed by law in 2000, including “udal” land in e.g. Orkney and Shetland:

      http://en.wikipedia.org/wiki/Abolition_of_Feudal_Tenure_etc._(Scotland)_Act_2000

      • Luvin it
        June 27, 2011 at 8:27 pm

        You mean ‘statute’ obviously as this is not strictly ‘Law’.

        I have formally withdrawn my consent and received tacit agreement on the matter therefore statutes are all yours to play with mate.

  4. June 25, 2011 at 11:09 pm

    A few disgruntled peers having to tolerate the hoi-polloi in fluorescent kagouls picnicking on their lawns didn’t count.

    Like it.

  5. June 26, 2011 at 10:21 am

    The last refuge of the Home-Owner-Ists and Faux Libertarians is to start waffling about some ancient contract between Citizen and Crown which never existed and is a way of saying that replacing income tax with land value tax is somehow unpatrioctic.

  6. dearieme
    June 26, 2011 at 2:50 pm

    WKPD: “Allodial titles are known as udal tenure in Orkney and Shetland, the only parts of the United Kingdom of Great Britain and Northern Ireland where they exist.”

    I don’t know why the Scottish Parliament interfered with access to land, given the Scottish tradition of practically all open land being treated as available to walkers ayway.

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