Sark begins making changes to land management

Sunday 29 November 2020

People will soon be able to take out mortgages against properties in Sark, after the Chief Pleas unanimously approved an update to a centuries-old law.

At present, a great deal of housing in the island is held through a 'secure leasehold' for anywhere between 1 and 150 years, with very few outright purchases of property being made on the island.

The changes proposed by the Land Reform Special Committee seek to 'alter the concept of landownership' on the island, by allowing leaseholders the opportunity negotiate for acquisition of the freehold on which their house stands.

"The laws to be commenced allow the division of real property, and the ability to raise mortgages," explained Conseiller William Raymond. He added that leaseholds in the island appeared to be in decline in recent years.

"Very few new leases are being created, and existing leases are not being extended. This may lead to the situation where leaseholders may be in danger of outliving their leases. With the option to negotiate for the freehold on which their house stands, it may be possible for leaseholders to secure their position.

"It is not designed as a license to sell property, but rather to overcome the leasehold problem."

The Chief Pleas also approved a number of changes that will allow the division of the 40 ‘tenements’ that Sark was divided into in 1565. Sark's constitution stipulates that at least 40 men must inhabit the island at all times as a garrison; the 40 tenements were a charter requirement so that each of those men could support themselves and their family.

It is believed that the original holdings were being divided further, and charges placed upon them that may have left landowners unable to support their family, and damaging the integrity of the garrison. This situation led to the 1611 Laws preventing the division of such land, which were overturned by the Chief Pleas last week.

Mortgages against properties will be legal in Sark beginning in February next year, to allow time for the appropriate systems to be put in place in the island’s court. It is hoped the changes will help to bolster Sark’s population, which has been shrinking for the past several years.

Conseiller Raymond said that the next steps are 'practical' ones in conjunction with the Court, including the possible introduction of an amended version of Guernsey's 'Saisie' procedures.