Charles 'acting like feudal baron'
ANGRY Scilly islanders have accused the Prince of Wales of
behaving like a feudal baron for exploiting a legal loophole
-
Prince Charles
over rights to buy the ground on which their homes are
built.
Residents of around 60 houses on the five inhabited islands
are considering a legal challenge against the Duchy of
Cornwall, the Prince's landed estate which provides his
income.
Alan Davis, secretary of the Garrison Leasehold Group on St
Mary's, which represents the affected islanders, said the issue
was causing a lot of bitterness.
"We just want the same rights available to everyone
else.
"But our problem is that the Duchy of Cornwall enjoys some
sort of feudal privilege which is not available to any other
landlord in the country."
The controversy surrounds properties on the Scillies – those
in the 16th-century garrison on St Mary's and a number of homes
on the off-islands, excluding Tresco. Residents like Mr Davis
are leaseholders, owning the bricks and mortar of their
properties, but not the land on which they are built.
They all have a long lease and each year pay a ground rent
to the owner of the land, the freeholder, the Duchy of
Cornwall.
Under the 2002 Leasehold Reform Act, most leaseholders in
Britain were given the right to buy the freehold of their
property. However, the Duchy of Cornwall is exempt as it claims
to be part of the Crown.
The Garrison Leasehold Group say this is "unjust" and
"unfair" as the Duchy of Cornwall is run as a multi-million-
pound commercial concern.
"The Duchy owns holiday cottages on the Isles of Scilly. I
do not know why the future King of England is messing about
with holiday lets," said Mr Davis. I just don't understand why
the Duchy will not back away from this."
The leases granted on the properties can be long-term, but a
number are running out, making homes virtually worthless.
"Who is going to buy a home with only ten years left to run
on the lease?" he said.
Mr Davis bought his home on St Mary's in 1984 with an 80
year plus lease. "I will be long gone by the time the lease
runs out, but that is not the point," he said. "This is about
having your rights taken away by this sort of feudal
privilege."
The Duchy of Cornwall once owned all the land and properties
on the Isles of Scilly but most have been sold off.
A Duchy spokeswoman confirmed there was a small number of
sites, including the garrison on St Mary's, which belonged to
the Duchy of Cornwall estate and were exempt from the Leasehold
Reform Act.
18 Comments
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by Moonshine, Kernow
Tuesday, September 09 2008, 11:59AM
“""Please don't be taken in by propaganda.""
Good point, we all need to be more vigilant when interpreting the Duchy. As Prince Charles himself knows, the dispute about whether Cornwall is a Crown possession OUTSIDE of England was settled back in 1558 when the Duchy successfully proved that it is.
It was called the 'Foreshore dispute' and the Duchy won its case.
So yes, be vary weary of people like Phil from Oxford who will make sweeping statements with no evidence to support them.
This is not a nationalist issue, don't be fooled by people who use that word in this case. It is a constitutional issue, which as mentioned above has already been decided in law by the Duchy themselves. Funny how nothing changed since 1858 apart from the real propaganda that the Duchy somehow joined itself to England since then.
Phil I await your proof of when this change took place, but know, as does Mr Windsor, that it is an impossible task.
Cornwall has never been constitutionally part of England, only administered as an English county. Big difference if you have the brains to work it out - And I thought that Oxford was a place of learning.”
by Phil, Oxford
Monday, September 08 2008, 11:46AM
“It's amazing how many people believe the Duchy of Cornwall and the County are one and the same and that somehow Charles holds the county and its people in some ancient feudal tenure.
I suppose it suits the Cornish nationalists to project this image of a downtrodden people but in fact the Duchy controls very little of Cornwall, most of its holding is in Devon, it also owns property as far away as London and Kent. Like any other private landowner Charles holds sway over the land he owns but not over the whole of Cornwall, its courts, government or people in general.
Please don't be taken in by propaganda.”
by Jim P, Pool
Friday, September 05 2008, 8:54AM
“Like it or not we are Duchy.”
by John Angarrack, Duchy of Cornwall
Thursday, September 04 2008, 6:24PM
“So they think they can judicially review the absentee Duchy Government of Cornwall. They had better think again.
Firstly, although on this occasion [to get out of the 2002 Leasehold Reform Act], the Duchy says its part of the Crown/Government, by the time they come to before the High Court seeking leave to judicial review the Duchy it will have magically transformed into a so-called 'private estate'.
As the judicial review process only applies only to public authorities, the Duchy will evade the law that way.
Secondly, even if the dispute came to court, those facing the Duke would have no chance - for the secret dictator of Cornwall has the right, under the 1947 Crown Proceedings Act, to secretely intervene and control the outcome of all court cases that might effect his rights and profits.
In other words, he is above the law. Why?
Because he is the de jure monarch of a Crown dependency which is extra-territorial to England.
For more information see website:
http://duchyofcornwall.eu”
by CarbonBoot, The Duchy Of Cornwall
Thursday, September 04 2008, 5:14PM
“Detailed And Enlightening Discussion Of Issues Arising Here:
http://www.cornwall24.co.uk/module-pnForum-viewtopic-topic-3918-start-0.htm”
by Jezz, Caradon
Thursday, September 04 2008, 1:39PM
“A great opportunity for a public examination of the constitutional state of the duchy.
See:
www.DuchyOfCornwall.eu”
by c.e. townshend, ST AUSTELL
Thursday, September 04 2008, 1:29PM
“ONLY TIME WE SEE PRINCE CHARLIE IS WHEN HE WANTS TO PUT RENTS UP.”
by Charles, Truro
Thursday, September 04 2008, 1:01PM
“A major concern is that the Duchy may try to turn the rest of Isles of Scilly into another Tresco time share "heaven." Tresco is a lovely island but is totally spoilt as it is another Chelsea on Sea. This appears to be a way to get their hands on properties that can then be used to generate greater income for the Duchy and reduce opportunities for the local population. It would be nice if the Duchy invested more of their income from the Isles back into the Isles for the benefit of the locals rather than the rich end of the visitor market.”
by David, Surrey
Thursday, September 04 2008, 9:56AM
“Are these leaseholders true islanders? Or are they people who have moved in? (Mr Davis bought his lease in 1984). Are they just looking to cash in on their poperties if they get the freehold, and leave born and bred islanders still unable to afford housing?”
by jill dumenil, australia,formerly Newquay
Thursday, September 04 2008, 6:52AM
“I understand that the Duchy cannot sell Duchy land , years ago the Duchy wanted to sell land at the sports center in Newquay to Argus or Asda to build on and they were not allowed to sell it.”