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Why does the monarch own all the land in Britain?

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Original post by TheHof
If you know your constitutional law, you'll know that context is everything when it comes to legislation and convention. 'The crown' can mean a number of things depending on the context and in this context it means the State, not the monarch as an individual entity.

If you're doing an essay on this, please don't go down the route that the Queen herself owns all lands because you won't do well using that theory, no matter how well you try to argue it.

'Crown refers to the government of the UK of which the monarch is titular head. The prerogatives of the monarch with regard to governance have been almost totally appropriated by the Prime Minister, her feudal patrimony has not. The monarch is still the absolute owner of land in the UK all others hold an estate in land. Estates took many forms in the past but were reduced to two by the Law of Property Act 1925; a) an estate in fee simple absolute in possession, generally known as freehold and b) an estate for a number of years absolute, generally known as leasehold. The preamble to the Land Registration Act 2002 states, ' The concepts of leasehold and freehold derive from medieval forms of tenure and are not ownership' in relation to land in the UK, we are all tenants on the basis of the feudal superiority of the Crown created in 1066 and supported by legal norms formulated to uphold that feudal superiority. In February 2009 Bridget Prentice, a parliamentary undersecretary at the Ministry of Justice replied to a question from an MP, 'The Crown [in this context the Queen] is the ultimate owner of all land in England and Wales (including the Isles of Scilly); all other 'owners' hold an estate in land.' If legislation has been passed to strip the Monarch of her feudal patrimony I would be grateful if you could cite it.
Original post by yaseen1000
The Monarchy is unelected and an outdated institution which no longer represents the majority of Britons. It’s time this institution which has been feeding of taxpayers money was abolished and replaced with an elected head of state or the PM takes the duties of the monarchy. We have 100’s of 1000’s of people In poverty with 1 in 200 people in the UK either in temporary accommodation or homeless yet we spend millions a year on a single family so they can live lavishly. Before anyone uses the tourism argument according to visit Britain the monarchy brings in a fraction in tourism compared to what it costs us . It’s time the UK entered the 21st century and follow the suit of many other developed countries and abolish the monarchy.


Many developed countries have a monarchy though: the UK, Japan, Norway, Australia, Sweden, Andorra, Spain, New Zealand, Canada, Saudi Arabia, the UAE, Kuwait, the Netherlands, Denmark, Belgium, Lichtenstein, Luxembourg, Qatar, Brunei, Bahrain, Oman, the Bahanas, Barbados, Malaysia all have a human development index above 0.8 and with a monarchy. There's also the Vatican and Sao Marino.
Actually, 'The Crown' can refer to different things depending on the context. It can just refer to The Monarch. But it can also refer to the State, i.e. Monarch, Parliament, Government and Judiciary. More often than not it refers to the government/executive.

The UK constitution has moved on from feudal times and the absolute power of the Monarch, we've had the Magna Carts and a Civil War since then (I'm sure you've heard the phrase 'Parliament is Sovereign'). The UK consititution is not written in one place and is made-up of Common Law, Legislation and Constitutional Convention. Some constitutional experts argue that every piece of legislation has an effect on the constitution.

To give you one very simple example to answer to your question: The European Convention on Human Rights and its adoption into UK law as The Human Rights Act 1998.

I also give you this: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03861

As Head of State, many things are done in the Monarch’s name, but the Monarch has no say in them. As Head of State, the Monarch is Head of Government and many State organisations, but the Monarch has no ability to influence those organisations.

As Head of State, lots of authority stems from the Monarch, but the Monarch has no ability to use that authority herself.

So if you could cite ANY proper academic evidence or parliamentary evidence to support your assertion that Bridget Prentice meant the Queen (not the State), when she said 'The Crown', then we would all would appreciate seeing it.

Until you can find some sensible evidence to support your assertion that the Queen herself owns all the land, then I will go with current constitutional wisdom that whilst The Crown may own the land, it means The State, not the Queen herself. As Walter Bagehot stated "the Queen reigns, but she does not rule".

Edit: I know this is pointless and you won't change your mind, so I won't be replying to any more of this nonsense.
(edited 4 years ago)
Original post by TheHof
Actually, 'The Crown' can refer to different things depending on the context. It can just refer to The Monarch. But it can also refer to the State, i.e. Monarch, Parliament, Government and Judiciary. More often than not it refers to the government/executive.

The UK constitution has moved on from feudal times and the absolute power of the Monarch, we've had the Magna Carts and a Civil War since then (I'm sure you've heard the phrase 'Parliament is Sovereign'). The UK consititution is not written in one place and is made-up of Common Law, Legislation and Constitutional Convention. Some constitutional experts argue that every piece of legislation has an effect on the constitution.

To give you one very simple example to answer to your question: The European Convention on Human Rights and its adoption into UK law as The Human Rights Act 1998.

I also give you this: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03861

As Head of State, many things are done in the Monarch’s name, but the Monarch has no say in them. As Head of State, the Monarch is Head of Government and many State organisations, but the Monarch has no ability to influence those organisations.

As Head of State, lots of authority stems from the Monarch, but the Monarch has no ability to use that authority herself.

So if you could cite ANY proper academic evidence or parliamentary evidence to support your assertion that Bridget Prentice meant the Queen (not the State), when she said 'The Crown', then we would all would appreciate seeing it.

Until you can find some sensible evidence to support your assertion that the Queen herself owns all the land, then I will go with current constitutional wisdom that whilst The Crown may own the land, it means The State, not the Queen herself. As Walter Bagehot stated "the Queen reigns, but she does not rule".

Edit: I know this is pointless and you won't change your mind, so I won't be replying to any more of this nonsense.

'I know this is pointless and you won't change your mind, so I won't be replying to any more of this nonsense'. You won't be responding because you cannot supply any evidence of parliamentary legislation that strips the Monarch of her feudal patrimony, she still enjoys ownership of the whole of the UK. I have not argued that the monarch's power has not been severely curtailed by parliament and the fact that parliament in its wisdom has not deprived the monarch of her feudal patrimony speaks to its continuing relevance. Your citing of https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03861 does not in any way address the survival of the monarch's feudal ownership of the UK it addresses the almost complete takeover of royal prerogatives as per Bagehot, 'the Queen reigns, but she does not rule'. Nowhere in my posts have I maintained she does rule - your straw man. Your reference to the the European Convention on Human Rights and its adoption into UK law as The Human Rights Act 1998 does not support your position either although as the following example will illustrate it provides a means for the British to become owners of the land of their birth; George Monbiot (UK C21st) related the following in an article; ’The Leasehold Reform Act 1967 gave leaseholders the right to buy the leasehold of the houses they had lived in for more than 21yrs at the prices prevailing [at the time of their original occupation]. In 1980 the Duke of Westminster protested at the European Court of Human Rights that he was being deprived of his property against his will by being forced by law to sell at prices well below [current] market values. In 1985 the European Court of Human Rights ruled that compulsory transfer from one individual to another might constitute a legitimate means of promoting the public interest. The enhancement of social justice within the community could properly be described as being in the public interest’ [ECHR Protocols Article 1 - Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law] - a political definition of the public good prevailed over the rights of [disobligated] private property. This should give some encouragement to any legislators who wish to engage in a quest for a law that would extinguish the feudal nature of landholding in the UK and replace it with a territory annexed for its citizens and held in trust for them by the British State.
(edited 4 years ago)
The Royal Preogrative information is not a straw man because it shows that primary legislation always supercedes your feudal version of the Monarch. There is no place, no statute, common law or current constitutional convention that supports your argument.

The Human Rights Act is relevant because it defines, for the purpose of the Act, what the Crown is. The Monarch is not in that definition.

None of the cases you cite are relevant to your argument, nobody is arguing that the The State does not have the ultimate ownership of land. In fact, the Acts you cite go against you because if the Queen did have inherent ownership, there would be no need for legislation like the Compulsory Purchase Act 1965. The Prime Minister would just get the Queen to take ownership for land for infrastructure projects (like HS2) without the need for legislation. The government can't do that because, guess what? The Queen doesn't own the land. If the Queen did own the land there would be no need for the High Speed Rail Bill etc.

This is your argument, you show one piece of evidence, one single current law, one convention, one relevant bit of current common law that gives the legal ownership of the land to the monarch as a sole entity. If such a position was correct it would be in primary legislation.

You rely on the words of one junior minister in 2009 and interpreted her use of the phrase 'the Crown' to support your argument. Please show one decent legal scholar that supports your interpretation. You can't because there isn't one. If your interpretation of the Minister's words was correct, then there would have been an outcry.
Original post by TheHof
Actually, 'The Crown' can refer to different things depending on the context. It can just refer to The Monarch. But it can also refer to the State, i.e. Monarch, Parliament, Government and Judiciary. More often than not it refers to the government/executive.

The UK constitution has moved on from feudal times and the absolute power of the Monarch, we've had the Magna Carts and a Civil War since then (I'm sure you've heard the phrase 'Parliament is Sovereign'). The UK consititution is not written in one place and is made-up of Common Law, Legislation and Constitutional Convention. Some constitutional experts argue that every piece of legislation has an effect on the constitution.

To give you one very simple example to answer to your question: The European Convention on Human Rights and its adoption into UK law as The Human Rights Act 1998.

I also give you this: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN03861

As Head of State, many things are done in the Monarch’s name, but the Monarch has no say in them. As Head of State, the Monarch is Head of Government and many State organisations, but the Monarch has no ability to influence those organisations.

As Head of State, lots of authority stems from the Monarch, but the Monarch has no ability to use that authority herself.

So if you could cite ANY proper academic evidence or parliamentary evidence to support your assertion that Bridget Prentice meant the Queen (not the State), when she said 'The Crown', then we would all would appreciate seeing it.

Until you can find some sensible evidence to support your assertion that the Queen herself owns all the land, then I will go with current constitutional wisdom that whilst The Crown may own the land, it means The State, not the Queen herself. As Walter Bagehot stated "the Queen reigns, but she does not rule".

Edit: I know this is pointless and you won't change your mind, so I won't be replying to any more of this nonsense.

She without doubt meant 'the state' - as do the many other references to the 'Crown' that take place in the House and beyond it.

However, I don't think it's totally wrong to point out that the monarchy still enjoys ambiguously defined powers in our constitutional arrangements. Not least that the monarch is head of the armed forces and so ultimately (presumably) they take their orders from the monarch and not the PM, the Cabinet, the Minister of Defence or the Privy Council. The recent debate about the ability of the PM to cancel Parliament and rule in the Queen's name using Privy Council powers indicates that there remains scope for the monarch to re-assert supreme power in some form. Then we have the security services who regularly in the past have appeared to be outside the control of the political party in office and therefore appear (contrary to stated government regulations) not to be accountable fully to Parliament but presumably to the monarch.

So at the least it would appear that if we had a revolutionary situation, the monarch could independently invoke the armed forces and security services to deal with it, outside of our supposed democracy.

This may have little or no bearing on the ultimate land holding question, but it's not hard to see that following such a monarchical 'coup', the monarch could go on to seize the property and land of the (presumably now executed) revolutionaries and distribute it to their mates.

We have long needed a Powers of the Monarch (Clarification) Act.

The Privy Council also has similarly ambiguous powers and appears to facilitate undemocratic decision making in Britain in important areas. It's notable for example that Britain's entry into the Cold War and development of nuclear weapons was done under such arrangements and outside the assent of Parliament. This was one of the most important, probably the most important, decisions of the postwar era.
I'm pleased you accept the argument that it's the State, through legislation when required, which is the ultimate owner of UK land.

The rest I won't comment on, other than to say I do believe the UK should have a written Constitution.
Only by a quirk of land law. The Crown doesn't actually own all land in the UK.
Original post by TheHof
The Royal Preogrative information is not a straw man because it shows that primary legislation always supercedes your feudal version of the Monarch. There is no place, no statute, common law or current constitutional convention that supports your argument.

The Human Rights Act is relevant because it defines, for the purpose of the Act, what the Crown is. The Monarch is not in that definition.

None of the cases you cite are relevant to your argument, nobody is arguing that the The State does not have the ultimate ownership of land. In fact, the Acts you cite go against you because if the Queen did have inherent ownership, there would be no need for legislation like the Compulsory Purchase Act 1965. The Prime Minister would just get the Queen to take ownership for land for infrastructure projects (like HS2) without the need for legislation. The government can't do that because, guess what? The Queen doesn't own the land. If the Queen did own the land there would be no need for the High Speed Rail Bill etc.

This is your argument, you show one piece of evidence, one single current law, one convention, one relevant bit of current common law that gives the legal ownership of the land to the monarch as a sole entity. If such a position was correct it would be in primary legislation.

You rely on the words of one junior minister in 2009 and interpreted her use of the phrase 'the Crown' to support your argument. Please show one decent legal scholar that supports your interpretation. You can't because there isn't one. If your interpretation of the Minister's words was correct, then there would have been an outcry.


My post refers to ultimate ownership you are forever banging on about power (which everyone concedes the monarch has very little). You cannot supply any evidence of parliamentary legislation that strips the Monarch of her feudal patrimony, she still enjoys ownership of the whole of the UK. I have not argued that the monarch's power has not been severely curtailed by parliament and the fact that parliament in its wisdom has not deprived the monarch of her feudal patrimony speaks to its continued existence. ' The concepts of leasehold and freehold derive from medieval forms of tenure and are not ownership' in relation to land in the UK, we are all tenants on the basis of the feudal superiority of the Crown created in 1066 and never abolished by parliament. Under our legal system, the Monarch (currently Queen Elizabeth II), as head of state, owns the superior interest in all land in England, Wales and Northern Ireland.
FAQs | The Crown Estate
https://www.thecrownestate.co.uk/en-gb/resources/faqs/
(edited 4 years ago)
You're like one of those Freeman of the Land nuts who are convinced they are right, yet never once actually won a court case.

The evidence you cite actually argues against you. Yes, the monarch has a superior interest, but that is very different to owning all the land. To quote your own source in relation to The Crown Estate:

"But it is not the private property of the monarch - it cannot be sold by the monarch, nor do revenues from it belong to the monarch."

And in relation to the Monarch's interest in the land:

"it can become relevant if a freehold property becomes ownerless. If this happens, freehold land, may in some circumstances, fall to the monarch as the owner of the superior interest. This process is called 'escheat'.

This, of course is very different to your first question 'why does the Monarch own all the land in Britain?'. The answer, according to your own evidence, is that she doesn't, but may, in certain (limited) circumstances.

As I said, it's not for me to go through hundreds of years of legislation, (many different Acts which each move the constitution on slightly) the magna carta etc to prove you wrong. It's for you, the instigator of this nonsense, to prove your point. However, you have very kindly proved mine, so thank you.
(edited 4 years ago)
Original post by TheHof
You're like one of those Freeman of the Land nuts who are convinced they are right, yet never once actually won a court case.

The evidence you cite actually argues against you. Yes, the monarch has a superior interest, but that is very different to owning all the land. To quote your own source in relation to The Crown Estate:

"But it is not the private property of the monarch - it cannot be sold by the monarch, nor do revenues from it belong to the monarch."

And in relation to the Monarch's interest in the land:

"it can become relevant if a freehold property becomes ownerless. If this happens, freehold land, may in some circumstances, fall to the monarch as the owner of the superior interest. This process is called 'escheat'.

This, of course is very different to your first question 'why does the Monarch own all the land in Britain?'. The answer, according to your own evidence, is that she doesn't, but may, in certain (limited) circumstances.

As I said, it's not for me to go through hundreds of years of legislation, (many different Acts which each move the constitution on slightly) the magna carta etc to prove you wrong. It's for you, the instigator of this nonsense, to prove your point. However, you have very kindly proved mine, so thank you.

Your misinterpret the Crown Estate Commissions brief, they exercise "the powers of ownership" of the estate although they are not owners in their own right, QE 2 is the owner in law. The revenues from these hereditary possessions were originally placed by the monarch at the disposition of HMG in 1760 in exchange for relief from the responsibility of funding Civil Government the monarch remains the owner, the monarch has a superior interest, ownership.
'And in relation to the Monarch's interest in the land:"it can become relevant if a freehold property becomes ownerless. If this happens, freehold land, may in some circumstances, fall to the monarch as the owner of the superior interest. This process is called 'escheat''. A power conferred by their superior interest, ownership. If the freehold or leasehold interest is found another home, whoever its possessor is, they hold the freehold or leasehold of the monarch - feudal tenure which the powers that be accept but you in your ignorance do not.
Why did you ask this question if you already know the answer?

What did you hope to achieve from it, other than trying to give a bunch of teenagers the completely wrong impression of the real world today?

We can argue what The Crown means until the cows come home. But for arguments sake, let's say you're right. Do you think the queen is ever going to turn up at anyone's home and take it from them? Won't happed - ever - end of.

If in some altternative universe it did happen. Guess what? It would go to court and the court would overturn it. Why? Because the court have jurisdiction over everything which is not in primary legislation, including any residual or technical feudal rights.

Then what would happen? Well, as with all conventions that are broken of misused, Parliament would legislate to correct it and put the matter beyond any doubt.

Stop reading Wikipedia and put your little grey cells to work doing something useful, maybe something relevant to the real world that would actually help people.
(edited 4 years ago)
My question was; why is it socially acceptable (in a country that is supposed to believe in equality of opportunity) that property law is founded on the supposition that one person owns all of it. Surely in a supposedly democratic State the nation should own it, why not? When there is little discontent it matters not what form a government takes those who propose to disturb the status quo are perceived as disturbing the tranquillity of the nation, which is understandable. What is equally understandable is the desire of most parents to live in a society that affords their children equal opportunity to engage in the national economy in order to obtain disposable income. An initial level playing field from which to profit or not in accordance with their disposition, purchasing power, skill, ability, industry or good fortune. No human rights can exist without property rights so basic property right in an equitable, delineated, monetary society have to be inalienably subsumed in the common domain so that no one can subvert them. The passing of the Human Rights Act into law has opened up the possibility of the British acquiring an inheritance (post 45); a beneficial interest in the land of their birth (jus soli) which would allow men and women to be free to cooperate or not, to deal with one another or not, as their own individual judgements, convictions and interests dictate.
(edited 4 years ago)
Original post by landscape2014
My question was; why is it socially acceptable (in a country that is supposed to believe in equality of opportunity) that property law is founded on the supposition that one person owns all of it. Surely in a supposedly democratic State the nation should own it, why not? When there is little discontent it matters not what form a government takes those who propose to disturb the status quo are perceived as disturbing the tranquillity of the nation, which is understandable. What is equally understandable is the desire of most parents to live in a society that affords their children equal opportunity to engage in the national economy in order to obtain disposable income. An initial level playing field from which to profit or not in accordance with their disposition, purchasing power, skill, ability, industry or good fortune. No human rights can exist without property rights so basic property right in an equitable, delineated, monetary society have to be inalienably subsumed in the common domain so that no one can subvert them. The passing into law of the Human Rights Act into law has opened up the possibility of the British acquiring an inheritance (post 45); a beneficial interest in the land of their birth (jus soli) which would allow men and women to be free to cooperate or not, to deal with one another or not, as their own individual judgements, convictions and interests dictate.

Nobody gives a **** because we're all millennials who are more likely to win the lottery, get struck by lightning and bit by an asteroid at the same time than to buy a house / land.

Talk about things that matter, rather than your own little constructed problems.
(edited 4 years ago)
Original post by Drewski
Nobody gives a **** because we're all millennials who are more likely to win the lottery than to buy a house / land.

Talk about things that matter, rather than your own little constructed problems.

Except his argument is flawed and it is based on the foundation that we accept something that is incorrect.
I dont think it amounts to anything but trolling or extreme ignorance, but agree people shouldnt waste their time on this person.
Original post by Drewski
Nobody gives a **** because we're all millennials who are more likely to win the lottery, get struck by lightning and bit by an asteroid at the same time than to buy a house / land.

Talk about things that matter, rather than your own little constructed problems.

Like what?
Original post by landscape2014
Like what?

Amusing that you quote me and not the comment immediately below mine talking about how wrong you are...
Original post by Drewski
Amusing that you quote me and not the comment immediately below mine talking about how wrong you are...

A little internet research by yourself and 999tigger will convince yourselves of your ignorance which I assume is why neither of you wish to google the question.
Original post by landscape2014
The monarch is the absolute owner of land in the UK all others hold an estate in land. Estates took many forms in the past but were reduced to two by the Law of Property Act 1925; a) an estate in fee simple absolute in possession, generally known as freehold and b) an estate for a number of years absolute, generally known as leasehold. The preamble to the Land Registration Act 2002 states, ' The concepts of leasehold and freehold derive from medieval forms of tenure and are not ownership' in relation to land in the UK we are all tenants on the basis of the feudal superiority of the Crown created in 1066 and supported by legal norms formulated to uphold that feudal superiority. In February 2009 Bridget Prentice, a parliamentary undersecretary at the Ministry of Justice replied to a question from an MP, 'The Crown [whoever wears it] is the ultimate owner of all land in England and Wales (including the Isles of Scilly); all other 'owners' hold an estate in land.' My question is why is it socially acceptable in a country that is supposed to believe in equality of opportunity that property law is founded on the supposition that one person owns all of it. Surely in a supposedly democratic State the nation should own it, why not?

Not entirely true, you might want to consider reading up on the concept of palatines.
Original post by landscape2014
A little internet research by yourself and 999tigger will convince yourselves of your ignorance which I assume is why neither of you wish to google the question.

Nope, already told you why I don't give a **** and find your continued questioning utterly pointless.

You don't want a debate, you want an echo chamber and people to fawn over you telling you how intelligent you are.

Instead, not one person has agreed with you, and all you can do is *****. Why would I want to get involved with that?

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