SIR DAVID and Sir Frederick Barclay’s move to purchase significant amounts of land in Sark have been blocked. The deals to buy La Rondellerie and Le Vieux Port tenements and the Clos Messervy freehold were put before the Seneschal’s Court yesterday.

But Seneschal Reg Guille refused to make an order requiring Seigneur Michael Beaumont to issue conge – in effect, consent for the sale and purchase – for the transactions.

The matter will now go before Guernsey’s Royal Court so that it can be settled.

Last week Mr Beaumont told Chief Pleas that the three properties were being sold for just £25,000 each.

Having now assigned the treizieme, a one-thirteenth levy on freehold and tenement property sales, to the public purse, he wants Chief Pleas to decide whether permission for the deals should be given.

La Rondellerie last changed hands in November 2002 for £650,000, Le Vieux Port for £550,000 in January 2005 and Le Clos Messervy for £77,900 in 1980.

Based on those prices, the one-thirteenth levy would be around £98,300.

On the reported deals it is £5,769.

Mr Beaumont also told Chief Pleas he was asked to give conge for La Moinerie tenement being sold at £25,000 – the land most recently changed hands for £611,000 in 2001.

Sir David and Sir Frederick are believed to have entered into long-term lease agreements on the lots before seeking to buy them.

Representing the brothers in the Seneschal’s court, Advocate Peter Ferbrache presented conveyances for the sale of the La Rondellerie and Le Vieux Port tenements and Le Clos Messervy freehold, which includes much of The Avenue.

Asked by the Seneschal if he had conge from the Seigneur in respect of the transactions, Advocate Ferbrache said that he had not.

Saying that Mr Beaumont had indicated that the grant of conge was a matter for Chief Pleas, Advocate Ferbrache contended that this was not the case. The grant was a matter for the Seigneur, not the legislature, he said.

Advocate Ferbrache said that his clients and the vendors had done all that they could and added that in any civilised society all that the prospective vendors and purchasers could do in such circumstances was to present the documents to the court.

In a clear reference to the low purchase prices, Advocate Ferbrache told the court that in a free and democratic society the parties were entitled to strike their own bargains.

He then asked it to issue ‘such order as you need’ to ensure that the conge was issued.

But the Seneschal said that the court was not prepared to make such an order.

Advocate Jason Morgan, for vendors Duncan and Christine Spence, Clinton and Rebecca Spence and Jess and Claire Hester, said that he agreed with Advocate Ferbrache’s comments and request.

After the brief hearing, Advocate Ferbrache said that the matter would now go to Guernsey’s Royal Court.