Who Owns England? - Guy Shrubsole

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across England and Wales, nearly twice as much as it did in the Victorian period. This alone is enough to make the Prince of Wales the single largest private landowner in England – even without the additional 100,000 acres of foreshore, 14,000 acres of estuaries and riverbeds, and extensive mineral rights that the Duchy also lays claim to.

      By all accounts, the Prince is a well-respected landowner, who’s taken a prescient interest in climate change and other environmental issues, and put his money where his mouth is when it comes to long-term estate management. But it’s important to distinguish Prince Charles as a person from the Duchy as an institution, just as with Queen Elizabeth and her Duchy of Lancaster.

      Both duchies are medieval anachronisms, whose attempts to dodge corporation tax and avoid being subjected to public sector norms of financial accountability and transparency are, essentially, tedious attempts to preserve feudal privilege. The lands owned by the duchies were acquired through the same mix of conquest and confiscation as all the other Crown lands: and yet, where most of these lands today are vested in the Crown Estate, with their revenues flowing into the public purse, the duchies remain private piggy banks for the monarch and heir to the throne. Let’s not forget that the Sovereign Grant handed the royal family £76 million in 2017: the duchies brought in £41.9 million on top of this – not to mention the £695,000 in taxpayer farm subsidies handed to the Queen for her Sandringham Estate. And while the Queen and Prince of Wales voluntarily pay income tax on these earnings, future monarchs could readily seek to waive such an arrangement. This is the enduring problem of our uncodified constitution: it’s ripe for abuse by changes in personnel. After all, the Prince might respect the traditions of estate management, but he’s broken the royal convention of not engaging in political lobbying on multiple occasions, as was revealed with the publication of his infamous ‘black spider letters’ to ministers.

      Surely the time has come for the Duchies of Lancaster and Cornwall to be abolished, and their lands merged with those of the Crown Estate. The Crown Estate has proved itself to be an exceptionally able manager, generating huge profits while being open to scrutiny and mindful of the long term; so why should it not administer the Duchy lands, too? Their revenues would then flow directly to the public purse. MPs could then decide whether to vote for a corresponding increase in the Sovereign Grant – or whether the extra money would be better spent elsewhere, on things like schools and the NHS. The Duchies, being past masters at surviving, would of course put up a fight. Feudalism dies hard: John of Gaunt would be turning in his grave. But there really is no place for it in the modern world.

      Before we move on from the Crown, there’s just one issue left: the surprisingly vexed question of who owns the royal palaces and parks. ‘We all know who owns Buckingham Palace,’ states a recent article in Time magazine. But do we? The Daily Express, admittedly never the most reliable of sources when it comes to the royals, blithely asserts that it’s ‘owned by the Crown Estate’. But it isn’t: their asset maps omit both Buckingham Palace and Windsor Castle.

      In fact, both royal residences are under the management of the Royal Household Property Section, yet another part of the Crown’s byzantine structure. It, too, hasn’t changed much over the years. The 1911 Encyclopaedia Britannica stated drily that ‘in its main outlines the existing organization of the royal household is essentially the same as it was under the Tudors or the Plantagenets.’ Aficionados of Netflix’s The Crown will be familiar with the hidebound traditions of the Royal Household’s management, customs that no doubt irk even the Queen at times. But it might be more accurate to say that no one owns Buckingham Palace – or at least, no one has actually registered ownership of it. I bought the Land Registry records to check: there’s no registered proprietor – only a caution from the Crown Estate Commissioners saying that the Queen is ‘interested in the land as beneficial owner’.

      Who owns Hyde Park, Regent’s Park and the rest of London’s royal parks is an easier question to answer: it’s a charity that’s grown out of what used to be a government quango. The same is true for the royal residences that are no longer occupied by the royal family – which in England consist of the Tower of London, Hampton Court, Kensington Palace, the Banqueting Hall on Whitehall, and Kew Palace. They’re owned and managed by Historic Royal Palaces, a charity that’s taken on functions previously carried out by the Department for Culture, Media and Sport. In both cases, what was previously private splendour – enclosed deer parks and palatial homesteads – has now rightly been opened up for public enjoyment.

      But strangest of all, and certainly most revealing about where sovereignty really lies under our archaic constitution, is the ownership of Parliament. Few people remember today that Parliament was once a royal residence: the Palace of Westminster. It occupies the site next to the tidal Thames where the Danish King Canute once demonstrated to his courtiers the limits of his regal powers by failing to hold back the waves. Canute built his palace on what was then the low-lying Thorney Island; Parliament was still succumbing to floods as recently as 1928.

      For centuries, there has been a longstanding convention that no monarch is allowed to enter the House of Commons. At the annual State Opening of Parliament, the Queen sends her emissary Black Rod to knock three times on the door of the Commons, to summon MPs to hear her speech. But the door is slammed shut in his face, symbolising the Commons’ independence. This crucial limitation of the monarch’s remit dates back to the Civil War. As political theatre, it represents Parliament’s subsequent armed rebellion, its execution of the king and imposition of a republic, and its later shaping of a constitutional monarchy. In short, it’s an assertion of Parliamentary sovereignty. And yet, it appears that the Queen still quietly asserts her claim to own Parliament.

      I discovered this when I chanced across an old parliamentary debate from the Swinging Sixties. The Labour Prime Minister Harold Wilson, having just swept to power on a modernising mission to unleash the ‘white heat of technology’ and update Britain’s tired old institutions, made a special announcement to Parliament in March 1965. The Queen, he declared, had ‘graciously agreed that the control, use and occupation of the Palace of Westminster and its precincts shall be permanently enjoyed by the Houses of Parliament’. Control of the building would pass to the Speaker. Wilson’s Cabinet colleague Tony Benn must have been pleased: as a diehard republican, he had refused to kiss the Queen’s hand when he joined the Privy Council.

      Intrigued, I decided to take a look at the Land Registry records for the Houses of Parliament – expecting to find the freehold registered to the Speaker.fn2 But it wasn’t. Instead, there was simply a recent caution, similar to that for Buckingham Palace, lodged by the Crown Estate Commissioners, that ‘the Queen’s Most Excellent Majesty is interested in the land as beneficial owner … in right of Her Crown’. Wilson, it seemed, hadn’t taken back control at all.

      The confusion over who owns Parliament illustrates a broader truth about the muddle of British politics, and how interwoven our modern system of government is with the ancient institution of the Crown. The Crown’s formal powers may have withered, but its symbolic soft power remains strong – and its landed wealth is still extensive. Grappling with the archaic customs of the Crown remains essential to understanding land ownership in England today. Who owns the land on which the House of Commons meets is only a small, perhaps trifling part of that. But symbolism matters in politics. Brexit, we are told, is all about reclaiming parliamentary sovereignty. If that’s to be the case, why doesn’t Parliament first take back control of the land beneath its feet?

      If the story of the Crown has been one of territorial survival, the tale of what’s happened to the Church’s lands is one of almost complete collapse. Once the country’s largest and wealthiest landowner, the Church today is a shadow of its former glory. But what’s most surprising is how recently its possessions were lost. Even in the

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