63 Fascinating Details How Much Of My Land Do I Own?

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63 Interesting Facts How Deep Do I Own My Land | Do I Own My Land Or Does The Government

• The Government may prefer to rely on incentive-led approaches to persuade landowners and managers, but this costs public money, and so far the incentives put in place are far from sufficient to deliver on the Government’s own policy goals. Currently, the top two tiers of ELMs – Local Nature Recovery and Landscape Recovery – are only expected to lead to 300,000 hectares of habitat restoration, or just 2% of England.[22] This clearly isn’t sufficient to meet the shortfall in protected and restored land needed to meet 30×30 – still less so now that the government has accepted National Parks and AONBs cannot count towards this goal in their current state. - Source: Internet
• Capital Gains Tax – 6% of actual sale price. This is paid by the seller but in some cases, the buyer might be expected to be the one to pay. This percentage could differ if the property assessed is being used by a business or is a title owned by a corporation, in this case, the percentage is 7.5%. - Source: Internet
• [29] PA Media, ‘Controversy over new regulations to protect English peatland’, 29th January 2021, https://www.theguardian.com/environment/2021/jan/29/controversy-over-new-uk-regulation-to-protect-peatland - Source: Internet
• Nature should be accessible for all. Our freedom to roam should be expanded. Our rights of access should be extended to woodlands, all downland (not just fragments, as it does currently), and the Green Belt land that could give so many more people in towns and cities easy access to nature. ‘Access’ should also extend beyond simply a right to walk in some places. Why shouldn’t we also be allowed to camp, kayak, swim, and climb amongst the beauty of the natural world? - Source: Internet
• Foreigners or expats interested in acquiring land or real property through aggressive ownership structures must consider the provisions of the Philippines’ Anti-Dummy Law to determine how to proceed. A major restriction in the law is the restriction on the number of foreign members on the Board of Directors of a landholding company (which is limited to 40% foreign participation). Another concern is the possible forfeiture of the property if the provisions of the law is breached. - Source: Internet
• My calculations using DEFRA and Land Registry data show that 1% of the population own half the land in England. The aristocracy and landed gentry still own around 30% of England, whilst the country’s homeowners own just 5% of the land. The public sector owns around 8% of England; the country’s 24 non-Royal Dukes own a million acres of Britain. (For a more detailed exploration of these figures, see my book Who Owns England, 2019). - Source: Internet
• There will continue to be fads, such as the recent one for coastal property. Coastal land prices have rocketed in recent years. If, as we are warned, sea levels continue to rise relentlessly over the coming decades, the attractions of owning land right beside the sea may fade. - Source: Internet
• The British Isles are comprised of 60 million acres of real estate. Who owns it all? The short answer is Queen Elizabeth ll. The Queen, which we call ‘The Crown’, owns about one sixth of the planet’s surface, and is the largest legal land owner in the World. - Source: Internet
• In other words, the management of England’s two largest natural carbon sinks lies in the hands of around 1,124 landowners. This represents an extraordinary concentration of resource ownership and influence. It means that the Government’s efforts to change land use, protects and restore woodlands, and restore peat soils, depends on this small elite of landowners complying. - Source: Internet
• The title report provides ownership information and acknowledges loans, deeds or trusts, easements, encroachments, unpaid property taxes or anything else that has been recorded against the property. If a homebuilder deeded mineral rights to themselves, for instance, they would have had to record that deed. If so, it stays on the title report until they and the current owner agree to take it off. - Source: Internet
• On woods, the Government has published the England Tree Action Plan (ETAP), and more recently proposed a target under the Environment Act to increase England’s tree and woodland cover. England currently has woodland cover of just 10%, one of the lowest levels of any European country. In the ETAP, the Government referred back to its ambitions in the 25-Year Environment Plan to increase England’s woodland cover to 12% by mid-century. - Source: Internet
• Ours is a wild and a beautiful island. But the vast majority of it is unknown to us because, by law of trespass, we are banned from setting foot on it. We are excluded from hundreds of thousands of acres of open space - of woodland, meadows, rivers and their banks - simply because ancient laws of ownership fail to recognise the importance of nature to the public. - Source: Internet
• To meet net zero emissions by 2050, we need to not only drastically reduce greenhouse gas emissions, but also bolster natural carbon sinks – notably, woodlands and peat soils. Natural England has identified these two broad habitat types as holding the greatest potential for carbon sequestration and storage.[1] As a result, the UK Government has focused recent attention on policies for afforestation and peat restoration. - Source: Internet
• [11] PM’s Office, 10 Downing Street, press release, ‘PM commits to protect 30% of UK land in boost for biodiversity’, 28th September 2020, https://www.gov.uk/government/news/pm-commits-to-protect-30-of-uk-land-in-boost-for-biodiversity. NPs & AONBs alone comprise 25% of England’s land surface. SSSIs comprise around 8% of England, but many of them are found within NPs & AONBs, so those outside landscape designations only add 1% to the total, taking it to the 26% stated by Downing Street. - Source: Internet
• The UK Government is committed to significant land use change in order to address the climate crisis (its net zero target), tackle the loss of species (its species abundance target), and restore habitats (its 30×30 commitment). Yet there is a chasm between the Government’s stated end goals, and the underpinning targets and policies it has announced so far to achieve them. Put bluntly, England is not on course to deliver the land use change it needs – partly because the Government is afraid of upsetting landowners. - Source: Internet
• [4] Friends of the Earth, ‘Finding the land to double tree cover’, 17th March 2020, https://policy.friendsoftheearth.uk/insight/finding-land-double-tree-cover and subsequent more detailed report by Terra Sulis for Friends of the Earth, ‘Opportunity Woodland Mapping in England’, October 2020, https://takeclimateaction.uk/sites/default/files/documents/2020-10/Opportunity_Woodland_in_England_2020.pdf - Source: Internet
• [23] Town and Country Planning Act 1947, original unamended version online at https://www.legislation.gov.uk/ukpga/1947/51/pdfs/ukpga_19470051_en.pdf - Source: Internet
• Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law (natural-born Filipinos who acquired foreign citizenship is entitled to own up to 5,000 sq.m. of residential land, and 1 hectare of agricultural or farm land). - Source: Internet
• By extension, the concentrated ownership of land also results in the concentrated ownership of natural carbon sinks. By my calculations, just 124 landowners own 60% of England’s deep peat (an area of around 1 million acres).[13] Around 1,000 landowners own a third of England’s woods (also c.1 million acres).[14] - Source: Internet
• Technical Category 1 (TC1, grey) means that future land damage from liquefaction is unlikely. You can use standard foundations for concrete slabs or timber floors. Detailed information about foundation requirements is available on the Ministry of Business, Innovation and Employment (MBIE) website(external link). - Source: Internet
• Foreign nationals, expats or corporations may completely own a condominium or townhouse in the Philippines. To take ownership of a private land, residential house and lot, and commercial building and lot, they may set up a domestic corporation in the Philippines. This means that the corporation owning the land has less than or up to 40% foreign equity and is formed by 5-15 natural persons of legal age as incorporators, the majority of which must be Philippine residents. - Source: Internet
• It is understood that DEFRA officials are aware that the new farm payments system alone cannot possibly deliver the land use changes needed for net zero, 30×30 or species recovery. They are therefore exploring other policy levers to effect the necessary land use changes, potentially including a new land use framework. I recommend the Committee ask DEFRA to present their research into policies for land use change. The key question is: will Ministers be bold enough to enact these additional policies? - Source: Internet
• [13] See ‘Who owns our carbon?’, 15th November 2021, https://whoownsengland.org/2021/11/15/who-owns-our-carbon/, and also Patrick Greenfield, ‘Just 124 people own most of England’s deep peat – its largest carbon store’, The Guardian, 15th November 2021, https://www.theguardian.com/environment/2021/nov/15/just-124-people-own-most-of-england-deep-peat-its-largest-carbon-store-aoe - Source: Internet
• The land titles register accurately and completely reflects the current ownership and interests of a parcel of land. Because the register contains this information, it means ownership and other interests do not have to be proved by title deeds. There are certain exceptions, including unregistered easements or tenancies and rights acquired by adverse possession. Title to land or an interest in land is obtained through registration. A government guarantee provides for compensation to a person who suffers loss of land or a registered interest. - Source: Internet
• Since the early 20th century, governments have sought to influence landowners to change how they use their land, using a range of different policies from taxation and subsidies to the creation of the modern planning system. The 1947 Town and Country Planning Act was arguably the most far-reaching such intervention, essentially altering private property rights so that landowners no longer had an absolute right to develop land (ie. build on it) without first obtaining the permission of the local planning authority. - Source: Internet
• But the UK Government’s policies to address this remain wholly inadequate. The Government has published an England Peat Action Plan and in its Net Zero Strategy announced an ambition (though not a legally binding target) to “restore approximately 280,000 hectares of peat in England by 2050”.[7] Yet this would only restore 40% of England’s peat soils. This contrasts with the CCC’s recommendation to restore 100% of upland peat and re-wet and sustainably manage 60%+ of lowland peat. - Source: Internet
• In England and Wales, it was important for manorial rights (which includes rights to: fish, shoot, hunt and mine minerals) to be registered at Land Registry by midnight on 12th October 2013 if they were to continue as legally binding rights. Manorial rights were the rights retained by the Lord of the Manor when the land became freehold. The purpose of this deadline was to remove the uncertainty about the number and extent of the manorial rights that existed and to promote transparency. - Source: Internet
• Countess of Lonsdale v Tesco (2010) involved Tesco acquiring a site for £18 million. The Countess of Lonsdale then invoked her right to mines and minerals. The seller (local council) then backtracked on its decision to sell the land. This case was later solved by a private agreement but highlights the costs and time delays that can occur due to mines and mineral rights being owned by a third party. - Source: Internet
• Eminent Domain (also known as Compulsory Purchase) gives the Crown, or its Government agents, the power to purchase land from the freeholder in the event of necessity. The freeholder has no power to refuse this purchase. Escheat occurs if the freeholder dies without heirs. The property then automatically reverts to the feudal lord who is immediately superior, or in modern parlance – The Crown. - Source: Internet
• [5] CEH, Evans et al., Implementation of an Emissions Inventory for UK Peatlands, report to BEIS, 2019, https://uk-air.defra.gov.uk/library/reports?report_id=980 - Source: Internet
• A similar situation exists with England’s national parks. Unlike in countries like the US, where the land in national parks are owned by the Federal government, the land in England’s national parks is overwhelmingly owned by private landowners. For example, 95% of the Yorkshire Dales is in private ownership, as is 90% of the Norfolk Broads.[15] - Source: Internet
• The most important benefit of all, is the increase in capital gain. Buying your own home means that your money is being invested in a valuable asset that you will one day own. On top of that, depending on New Zealand’s home loan interest rates and economic conditions, it’s highly possible that the value of your home will increase over the course of your ownership. According to Barfoot & Thompson figures, the price of an average three-bedroom Auckland home increased from $393,444 in 2005 to $726,209 in 2015! - Source: Internet
• Where land is unregistered, the owner owns everything from the sky to the centre of the earth. This is usually also true for registered land such that mineral rights are presumed to form part of the surface title, in the absence of any other evidence to the contrary. Therefore it is imperative for the site title deeds to be checked for any reference to mines and minerals. - Source: Internet
• The Right to Roam is really just a definition of private property that is different to England. There are still major landowners in Norway, Counts in Sweden, Lords in Scotland who own many hundreds of thousands of acres. Their ownership of the land, however, while it allows them to take rent, mine and make money from the land, does not include the right to exclude every other member of the public. In these countries, the Right to Roam is considered so important to the health and mental well-being of a nation, that it supercedes that peculiarly English stipulation of property: the right to exclude. Instead, every person has a right to explore these vast open spaces, to sleep there, to kayak, swim, climb, ride horses and cycle. - Source: Internet
• Home ownership brings with it a sense of security and stability. As a tenant, you won’t have much control over your home, and are more or less at mercy of your landlord. They could decide to hike up the rent or evict you at any time. Whereas, as a homeowner you’ll feel more at ease, knowing that as long as you keep up with mortgage repayments, your home will always be there. - Source: Internet
• Private property rights in England have long granted landowners great sway over how they use their land. Freehold land ownership brings with it a ‘bundle of rights’, including the right to the produce of the land (e.g. from farming), the right to exclude others (the law of civil trespass), the right to lease it out and charge rents, and even the right to destroy or waste the land (jus abutendi).[20] - Source: Internet
• Generally speaking, it’s likely that you own the property underneath and around your house. Most property ownership law is based on the Latin doctrine, “For whoever owns the soil, it is theirs up to heaven and down to hell.” - Source: Internet
• But our desire to access nature should not be a crime. In recent years, science has built an irrefutable bank of evidence proving what our hearts have always known: we urgently need access to nature, its beauty, its space, its flora and its fauna, for our health, our creativity and our peace of mind. In a world of steel, glass and concrete, of stress, ecological detachment and screen-based lifestyles, the countryside is a natural health service that can heal us. - Source: Internet
• Throughout the years, there have been instances when an easement, encroachment or even a small mechanic’s lien sits on a title unbeknownst to the current seller. When this happens, all parties must work together to determine the best course of action. Access to the land below your home would have to be granted via a deed and, as such, it would show up on the preliminary title report. - Source: Internet
• Moreover, vast swathes of our national parks belong to a small handful of very large estates. Just 12 landowners own a quarter of the South Downs National Park (including two dukes, three viscounts, two baronets and a baron).[16] The upland areas of the North York Moors are owned by just 15 landowners, most of them grouse shooting estates.[17] Half of Dartmoor National Park is owned by only 15 landowners, the largest of which by far is the Duchy of Cornwall.[18] - Source: Internet
• Owning a home is a dream for many New Zealanders. While some regions throughout the country are more affordable than others, it’s no secret that buying a home here means you’ll have to dig deep into your pockets. The costs that come with buying your first home can be overwhelming, but for most, the pros far outweigh the cons. - Source: Internet
• This has seldom been questioned. It was briefly challenged in the early 1980s, when the destruction of SSSIs, hedgerows and ancient woodlands by landowners and farmers caused widespread alarm. The author Marion Shoard proposed extending the planning system to cover farming and forestry, but this fell on deaf ears at the time.[24] The public outcry did, however, lead to the slow ‘greening’ of farm subsidies, a welcome development – but now, by DEFRA’s own admission, insufficient on its own to achieve the necessary shifts in land use to achieve net zero and nature recovery. - Source: Internet
• Of the 60 million acres of the British Isles, 70% of us owns less than 5%. This is around 3 million acres of mostly urban development. The idea that land is scarce in Britain is a myth. There’s loads of it. Just think about that the next time you stare out of a train window. - Source: Internet
• It should open up data on land use and land ownership to inform good decision making. Two particularly useful policies here would be to drop search fees for the Land Registry (as it did years ago for Companies House), thereby making it easier to map land ownership and to link up contiguous landowners to create wildlife corridors, etc; and for DEFRA to negotiate with Cranfield University to publish its National Soils Map as open data (it is currently a proprietary dataset, despite being produced under public contract in the 1980s).[27] - Source: Internet
• Subdivision has become so expensive that, in many circumstances, cross-leasing land is becoming more popular – especially in cities. Instead of legally splitting land into different sections and building a house on each one, the land legally remains as one section. Several houses are built on the single section. The goodwill of the people who buy the houses is then relied upon to prevent “border disputes” happening as, legally, each house owner owns a share in the land on which all of the houses have been built. - Source: Internet
• Although we have come to think of the British Empire as being a ghost of its former self, in reality Elizabeth ll owns only 22% less than Queen Victoria did during the height of the Empire. That’s about 2000 million acres, better known as India. The Queen continues to legally own all the lands of Britain, Canada, Australia, New Zealand, 32 other members (around two-thirds) of the Commonwealth, and Antarctica. Feudalism is not dead. It’s just hiding. - Source: Internet
• In short, the Government has accepted the need for significant levels of land use change in England in order to deliver Net Zero and 30×30. Yet so far, its targets and policies to deliver these fall far short. One of the key reasons why lies in the concentrated ownership of land in England. - Source: Internet
• The drawback of bare land is that it generally provides only a small cash flow (from grazing perhaps) or no cash flow. Buyers often need to have deep pockets to wait for land values to rise. In cities, it has become popular for investors to buy old houses with large gardens. Rent from the old house provides some cash flow while the land appreciates in value. The investor has the choice of selling the property as is or demolishing the house and subdividing the land for development or sale. - Source: Internet
• Australian property law, or property law in Australia, is the system of laws regulating and prioritising the Property law rights, interests and responsibilities of individuals in relation to “things”. These things are a form of “property” or “right” to possession or ownership of an object. The law orders or prioritises rights and classifies property as either real and tangible, such as land, or intangible, such as the right of an author to their literary works or personal but tangible, such as a book or a pencil. The scope of what constitutes a thing capable of being classified as property and when an individual or body corporate gains priority of interest over a thing has in legal scholarship been heavily debated on a philosophical level. - Source: Internet
• More recently, as the climate and nature crises have worsened, there has been renewed interest in land use strategies, frameworks and mapping. Recent advocates of a Land Use Strategy or Land Use Framework for England include CPRE, Friends of the Earth, Green Alliance, Sustain, and the Food, Farming & Countryside Commission. The idea of a Land Use Strategy or Framework has now become mainstream.[25] - Source: Internet
• It should grant new powers to National Park Authorities to drive nature recovery by adopting the recommendations of the Glover Review. In particular, the Government should update the statutory purpose of NPAs to include nature recovery, and make public bodies and statutory undertakers obliged to help deliver on this and on updated Management Plans. This could make more land within National Parks & AONBs eligible to count towards 30×30.[28] - Source: Internet
• The House of Lords Select Committee on Land Use in England recently issued a Call for Evidence. This is my submission to it. It’s divided into three sections: A) The need for significant land use change in England; B) How land use change policy needs to contend with land ownership; and C) Why a more strategic approach to land use planning is needed. - Source: Internet
• Caution: New Zealand’s lack of capital-gains tax is unusual in the developed world. It would be imprudent to make investment decisions based solely on the fact that there is currently no such tax. It is possible a tax could be introduced in future. - Source: Internet
• This right, however, is contingent on adhering to a strict set of responsibilities. These are simple, basic codes of how to behave in the countryside in such a way that you neither interrupt the function of a working, agricultural landscape, or damage the ecology of where you roam. None of these codes differ in logic from the Countryside Code of England, but they cover a larger scope, because they encompass more activities, and larger areas of land. When children grow up in these countries, experiencing nature and learning the code in practical terms, these codes become second nature, part of a wider understanding of how humans should interact with nature. - Source: Internet
• The lifestyle block is a popular purchase in New Zealand. These typically consist of 4 hectares (10 acres) of land. Depending on the block, they are commonly around a 15 to 60 minute drive from cities. Lifestyle block land has proved to be a strong investment in recent years with average values increasing faster than urban areas. - Source: Internet
• [1] Natural England, ‘Carbon Storage and Sequestration by Habitat’, April 2021, http://publications.naturalengland.org.uk/publication/5419124441481216. Species-rich grassland and marine (or ‘blue’) carbon sinks also have potential, but the science of soil carbon flux and marine carbon sequestration remains uncertain, with serious concerns about the permanency of the carbon being stored. - Source: Internet
• The law of England should not be excluding us from nature, but encouraging us towards it. Lockdown demonstrated the vital importance of access to nature for everyone’s physical and mental health. With depression, anxiety, and obesity all on the rise, science is telling us that we need a deeper connection to nature. - Source: Internet
• As the National Food Strategy (NFS) makes clear, the single biggest enabler of significant land use change in England would be a reduction in livestock farming. The NFS points out that 85% of the farmland England depends on (both domestically and overseas) is used for pasture and livestock feed.[9] At the same time, the NFS shows that calorific production is heavily concentrated into certain parts of the country, such as East Anglia. Meanwhile, it argues, we could effectively cease farming on 20% of our least productive land, and only have a 3% impact on food production.[10] Notably, this least productive land is almost exactly the same land where we find most of our carbon-rich peat soils; where land is most suitable for broadleaved woodland regeneration; and where we find most of our national parks. - Source: Internet
• To help achieve net zero, the Committee on Climate Change (CCC) has recommended increasing UK woodland cover from 13% currently to 17%-19% by 2050.[2] The CCC has also recommended restoring 100% of UK upland peat by 2045, and to re-wet and sustainably manage over 60% of lowland peat by 2035.[3] - Source: Internet
• All Australian colonies (now states and territories) adopted the Torrens system of land registration of title between 1857 and 1875. The Torrens title system was introduced first in South Australia by Sir Robert Richard Torrens, the Registrar-General of Deeds, through the Real Property Act 1858.[1] Victoria adopted the system with the Real Property Act 1862,[2] and New South Wales with the commencement of the Real Property Act 1862 on 1 January 1863.[3] - Source: Internet
• [22] Speech by Secretary of State George Eustice to the Oxford Farming Conference, 6th January 2022, https://www.gov.uk/government/speeches/environment-secretary-shares-further-information-on-local-nature-recovery-and-landscape-recovery-schemes. England is around 13 million hectares, so 300,000 hectares = 2% of England. - Source: Internet
• The Right to Roam is an ancient custom that allows anyone to wander in open countryside, whether the land is privately or publicly owned. In countries such as Norway, Sweden, Estonia and Scotland it has existed as a common right, a defining concept of nationhood, and has only recently been codified into law. Central to all versions of it across Europe is that: 1) there are sensible, listed exceptions and modifications to this right; and 2) this right only comes with strict responsibilities to both the ecology and community of an area. - Source: Internet
• Furthermore, beyond this focus on peat and trees, the UK Government lacks a broader plan to decarbonise agriculture and land use. As the CCC have stated, “Few details have been set out for delivery mechanisms in the agriculture sector – a combined decarbonisation strategy for agriculture and land is urgently needed.”[8] - Source: Internet

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