Application could end land claim
Tuesday 28th December 2010, 2:30PM GMT.
AN application by the Castel douzaine to refurbish the car park at Cobo is an interesting development in the dispute about who exactly has ownership or control of the area.
While the planning request – to tidy up what is an eyesore on one of the most attractive west coast areas – is of itself of little note, it is the ‘what next?’ that is significant.
If the planners do agree, and this is one request that should lead to a visual improvement, what happens when the parish goes ahead with its scheme?
A. W. Holdings, represented by publicity-shy Thomas Holroyd, claims it owns what is a valuable and vital piece of land in the heart of Cobo village and has been prepared to spend money staking its claim to the title.
Castel douzaine has been reluctant to mount a full scale legal challenge to that because of the cost and because it does not have the funds from parishioners to go to court.
So its hope that the improvements can be carried out before the start of the summer season suggests that something has changed, given the possibility of a challenge to the work.
Either A. W. Holdings has relinquished its claim, which seems unlikely, or the parish is confident that it will not become involved in expensive litigation.
Although no one will comment on what might be happening behind the scenes, one possibility is that the public purse, through the Law Officers, might become involved.
Although the Holroyd claim to ownership is based on seigneurial rights, the underlying claim to the land is in the name of the Crown and it seems unlikely that HM Procureur would allow an opportunistic raid on public property.
So much of the island’s coastal and common land, especially around the west coast, is Crown property that any attempt to nibble away at it for personal or private gain has to be resisted.
And for islanders who thought that A. W. Holdings’ ‘claim’ to Cobo car park was little more than a cynical get rich quick scheme, the prospect of some serious legal firepower being used to see it off would be welcome indeed.
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