Guernsey Press

Land indivisibility questioned

SARK'S General Purposes and Advisory Committee is asking island residents if the law on indivisibility of land should be changed.

Published

SARK'S General Purposes and Advisory Committee is asking island residents if the law on indivisibility of land should be changed.

At present, under the Letters Patent of 1611, selling off parts of either the 40 tenements or roughly the same number of established freeholds – much of the north side of The Avenue and sections of the south side are part of such freeholds – is prohibited.

In an island-wide mail drop to all residents, GP&A say that as a result the only way to own land or property is by purchase or inheritance. The committee goes on to point out that the effect, other than in the case of inheritance, is to restrict future new ownership to those with considerable wealth.

When the prospect of land reform was considered last year there was considerable disquiet expressed about possible legislative changes leading to a situation where tenement owners could be forced to sell freeholds to existing leaseholders – something that has happened in other jurisdictions and is sometimes called leaseholder enfranchisement.

While they point out that changes must be made very carefully to ensure that no unintended consequences, such as the overdevelopment of land, occur, GP&A adds that a comprehensive land use, development and environmental protection plan would need to be in place before too much change.

'Such a plan would reflect the expectations of the community for the future of Sark. However, the ability to buy and sell as a freehold an existing leased home or local market building plot where both parties are in agreement (committee emphasis) might well be attractive at an early stage,' says GP&A. 'This reform would give some leaseholders the ability to hand down property to future generations or to provide for their old age – something that can be difficult to do when leases are coming to an end and there is no prospect of buying the freehold or indeed of extending the lease.'

The committee has invited residents with views on the subject to attend public gatherings between 5 and 7pm at the Island Hall either this evening or next Wednesday, or to send in written submissions to the committee secretary.

It is an important subject for the whole of Sark, particularly in view of the debate it has already created, and I would hope that those residents with a view will not hesitate to impart it to the committee.

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It is fair to say that most people in Sark were saddened to hear that Diana Beaumont was taken across to Guernsey's Princess Elizabeth Hospital last week after suffering a stroke and it goes without saying that everyone hopes her recovery will be full and swift.

It is also fair to say that most people were equally saddened by a paragraph in the Sark Newsletter that read: 'The Sark Newsletter apologises to its readers for not being able to publish this week's planned edition.

'We had produced an issue containing a major article on the parallels between Germany in the 1930s and Sark in 2012. Due to the illness of Mrs Beaumont, it was decided that it would be inappropriate to publish it; out of respect for Mrs Beaumont, we will delay the publication of this issue until a more appropriate time.'

In terms of crass insensitivity, I doubt that I've ever read anything to compare with that. Unlike many Sark (and other Channel Island) residents, the author clearly has no first-hand experience of the German Occupation of these islands and, unlike at least one Sark resident whose memories – despite advancing years – of life in Germany in the 1930s remain extremely vivid, no experience of life under Nazi oppression either.

For the life of me, I cannot think of any time that would be 'appropriate' to publish such a comparison unless another low in so-called journalism is the sole objective.

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On a brighter note – and it would be difficult not to find one – I came across the pictured new lambs born to Rossford de Carteret's flock of ewes while walking above Derrible Bay the other day. They are among about a dozen born since the week before Christmas.

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