Who Owns England? - Guy Shrubsole

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      Locke’s arguments lent a moral respectability to the actions of large landowners through the centuries, shutting down the space for debate. There was just one proviso: taking private ownership of land was only morally justified ‘where there is enough, and as good, left in common for others’. That seemed to be true in Locke’s day, when the world appeared vast and its population small. But it also provided a convenient excuse for the English gentry to carry on enclosing commoners’ land in the name of agricultural improvement, and for the early English colonists in the New World to seize ‘wasteland’ from Native American peoples. Locke ignored common forms of land ownership, the inherent scarcity of land on a finite planet, and how taking private possession of it becomes a zero-sum game.

      Over the past century and a half, Locke’s detractors have grown in number, reopening conversations about land. ‘Land differs from all other forms of property,’ argued Winston Churchill in 1909, at the height of the Liberal Party’s push for land reform. ‘Land, which is a necessity of human existence, which is the original source of all wealth, which is strictly limited in extent, which is fixed in geographical position – land, I say, differs from all other forms of property in these primary and fundamental conditions.’ Churchill was clearly right about this, and it’s a view that is once more gaining traction. But it’s taken a long time for such ideas to obtain a hearing, and for land ownership to become a permissible topic of debate.

      Who owns England has also been literally hidden from plain sight. Large landowners have built high walls around their estates, to keep out prying eyes. The English countryside still bristles with a profusion of KEEP OUT, PRIVATE PROPERTY signs. Rich businesspeople and celebrities live in gated communities protected by private security. For many decades during the Cold War, some Ministry of Defence sites were literally erased from maps.

      No one doubts the right to privacy in one’s own home, nor the need for security around military bases. But England’s laws to protect private landed property go far beyond simply defending the old notion that ‘an Englishman’s home is his castle’. For many Englishmen whose homes are actually castles, their rights also extend far beyond their moats into hundreds of acres of parkland, woods and fields.

      The civil offence of trespass means that anyone setting foot on land where no public right of way exists without the consent of the landowner is a trespasser, and can be prosecuted. While access to the countryside has been opened up considerably in recent years, the extension of Right to Roam remains unfinished business, and is a continual reminder that the English remain unwelcome in most of their countryside. And if you can’t see it, you’re less likely to ask questions about who owns it.

      Parallel developments in the 1990s also showed lawmakers to be overwhelmingly on the side of the landowners when it came to dealing with people protesting about land issues. The 1994 Criminal Justice Act created a new, criminal offence – invented by the Major government to squash roads protesters and hunt saboteurs – of ‘aggravated trespass’, for cases where trespassers were deemed to be impeding the landowner from undertaking lawful activities. This, coupled with the more recent criminalisation of squatting, has closed down the space for taking direct action against unjust and unsustainable uses of land.

      Land has also been airbrushed from modern economic theory. All the classical economists – Adam Smith, Karl Marx, David Ricardo, John Stuart Mill – recognised land as a key factor of production, sitting alongside capital and labour as inputs to the economy. Land was different from capital and labour, however, in being of fixed supply, and in having no production costs: nature provided it for free. But neoclassical economists removed land as a separate factor of production, conflating it with capital. Land, despite being finite and thus a constraint upon economic activities, was no longer treated as such.

      But most tellingly of all, public discussion of land ownership has been hampered and stymied for centuries by the near-impossibility of obtaining proper information on it. Accurate facts, figures and maps detailing the ownership of land in England are very hard to come by.

      Charges of conspiracy are flung about wearyingly often in modern politics. But the long-term concealment of who owns England appears to me to be one of the clearest cases of a cover-up in English history. To understand its depths, we have to go back a thousand years, to Domesday.

      The Domesday Book was the first comprehensive survey by any European monarchy of the owners and occupiers of land in their domain. It was, to put it bluntly, a swag list assembled by an acquisitive king. William the Conqueror commissioned Domesday in 1085, nineteen years after his conquest of England, in order to better understand who owned what, so he could tax them more in future. The anonymous scribe behind the Anglo-Saxon Chronicle recounts that King William ‘sent he his men over all England into each shire; commissioning them to find out … what, or how much, each man had, who was an occupier of land in England, either in land or in stock, and how much money it were worth’.

      The significance of the Domesday survey is twofold. First, it was the first official state record of who owned England; and second, nothing like it was carried out again for another eight hundred years.

      For eight centuries, Crown, Church and aristocracy hid their landholdings away, fenced off and out of public view. The Domesday Book was preserved and referred to, but mostly as a means for the Crown to extract taxes and settle disputes over legal title to land. There was little sense of it being a public record that might aid demands for wealth redistribution. Occasionally, it was used to try to turn the tables. In 1377, a ‘Great Rumour’ began spreading among peasants that Domesday Book granted them ancient rights to land that exempted them from feudal duties. The resulting protests, though short-lived, were a precursor to the Peasants’ Revolt of 1381. A similar moment of revolutionary possibility appeared in the aftermath of the English Civil War. Parliament, freshly victorious, carried out a survey of Crown lands belonging to the recently executed Charles I in order to auction them off. But more radical demands to redistribute land and give every man the vote were brutally quashed by Cromwell.

      Yet in the past two hundred years, as England has become an industrial democracy, its governments have chosen to survey land ownership on multiple occasions, only to swiftly suppress knowledge of these activities. The past two centuries have seen four ‘modern Domesdays’ carried out by the authorities: the Tithe Maps of the 1830s; the 1873 Return of Owners of Land; the 1910–15 Valuation Maps; and the 1941 National Farm Survey. In each case these investigations faced huge opposition, were hushed up swiftly after they were carried out, and today have been almost entirely forgotten.

      The first of these modern Domesdays occurred in the context of the upheaval generated by the French Revolution, which had caused the boulevards of Paris to run red with the blood of guillotined aristocrats and seen revolutionary Jacobins seize their lands. Napoleon ended the bloodshed but imposed new land taxes to finance wars abroad, levied with the help of a new system of land ownership maps called cadastres. These recorded not just the contours of hills and locations of buildings, but also the boundaries of estates – and who owned them. In turn, the Napoleonic Wars prompted the British state to grow, modernise and extend its powers. The British government began counting its population with the first decadal Census, and started to map its territories accurately with the creation of the Ordnance Survey, so that it could better defend them. But in order to impose cadastral maps and land taxes, the authorities would inevitably run into opposition from landowning interests.

      In England, it was in fact the Church, rather than the state, that first attempted a system of cadastral maps. The Church was modernising too, through the monetisation of tithe payments. For centuries it had been customary for farmers and landowners to pay to the Church one-tenth of their produce, levied in kind. This continued, despite the Reformation, until modern times. Then in 1836, the Tithe Commutation Act allowed tithes to be paid in cash rather than in goods. As part of the process of commutation, tithe maps were to be drawn

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