Response to Land Reform Policy Group Consultation Document (Scotland)
“IDENTIFYING THE PROBLEMS”
April 1998
CONTENTS
 I INTRODUCTION
 II ANSWERS TO THE QUESTIONS
 III GENERAL BACKGROUND CONSIDERATIONS
 IV FURTHER COMMENTS ON SPECIFIC POINTS RAISED THE REPORT
 V APPENDICES
  APPENDIX 1 – DEFINITION OF LAND VALUE TAXATION
  APPENDIX 2 – DEFINITION OF LAND VALUE
PART I
ABOUT THE LAND VALUE TAXATION CAMPAIGN
The Land Value Taxation Campaign is a non-party organisation 
 which was established with the aim of securing legislation 
 which would fundamentally change the basis of public revenue 
 in the United Kingdom. It proposes that existing taxes on 
 wages, goods and services should be progressively replaced 
 with a property tax on the annual rental value of all land. 
 This is referred to as Land Value Taxation (LVT) and is 
 defined and explained in the attached appendices 1 and 2. 
 The Campaign would wish to see 100% of the land value 
 collected in this way.
PART II
GENERAL BACKGROUND CONSIDERATIONS
1 The Land Value Taxation Campaign believes that confusions 
 arise through imprecise definitions of “land”, or rather, 
 through indiscriminate use of otherwise precise definitions. 
 Whereas at law, “land” means immovable property (“real 
 property”), the Campaign uses the word in its meaning in 
 political economy (the whole of the material universe 
 outside of man and his products). A landowner in economics 
 is not necessarily the superior. Anyone with a beneficial 
 interest in land (a holding which could be let or sold at 
 profit) is to that extent a landholder. Popular usage more 
 nearly corresponds to the Campaign’s: people do not normally 
 think of houses, factories and farm buildings as “land”. 
 To add to the potential for confusion, book keepers drawing 
 up balance sheets regard land as capital, which in political 
 economy it definitely is not.
2 The Land Value Taxation Campaign considers that the 
 Consultation Document emphasises land use at the expense of 
 attention to the fiscal aspects of land tenure which underlie 
 considerations of use, mis-use, under-use and non-use.
3 We note that the terms of reference of the Land Reform 
 Policy Group restrict it to the consideration of rural land. 
 We would urge that this be extended to embrace all land in 
 Scotland. There are several reasons for this. At the margins, 
 for example, on urban fringes, no clear distinction can be 
 drawn. There are also significant pockets of industrial 
 development in areas that are predominantly rural – for 
 example, those associated with the oil industry and whisky 
 production. In terms of its value and the number of people 
 affected, urban land is of far greater importance. Many of 
 the problems which affect rural areas – misuse and under-use 
 of land, for example – are equally to be found in cities, and 
 policies which would act effectively in rural areas would apply 
 also in cities with proportionally greater effect.
4 Land Value Tax at a substantial proportion of the annual 
 rental value would induce the landowner to make optimum use 
 of the site, as it would be necessary to earn the income from 
 which the tax would be paid. Land would not be held out of 
 use or under-used.
5 A substantial proportion of non-urban Scotland consists of 
 marginal and sub-marginal land. One of the effects of Land 
 Value Tax is that productive activity on marginal land is not 
 taxed, because the land value tax assessment of marginal land 
 is, by definition, nil. In the absence of existing taxes, 
 large tracts of sub-marginal land would undoubtedly become 
 capable of supporting productive economic activity, and the 
 Campaign would therefore advocate the progressive replacement 
 of existing taxes by Land Value Tax. Within the Scottish 
 context, this would enable the Parliament to reduce national 
 taxes by the maximum currently permissible amount, ie the aim 
 should be to set the Scottish income tax rate at 3p less than 
 the national rate.
6 Land Value Tax is peculiarly suitable for revenue-raising in 
 Scotland, especially in comparison with alternatives such as 
 supplementary income taxes. Scotland is characterised by a 
 relatively small population and an extensive land area. The 
 value of urban land is comparable to that in similar areas 
 elsewhere in Britain, but the sheer extent of depopulated 
 rural land of low value results in relatively high land value 
 per head, having the potential to provide a buoyant and robust 
 tax base. This is an important advantage over income tax because 
 average incomes in Scotland are lower than the average for the UK.
7 Although the Campaign was established to promote the case for 
 a national land-value tax, we would point out that, as is the 
 case with all forms of property tax, LVT is suitable for all 
 tiers of government and could be readily adapted to any multi-
 tiered structure, for example that resulting from Scottish 
 devolution.
8 Land Value Tax is morally justified, being in accordance with 
 the “benefit principle”; land values are created and sustained 
 by the presence and activities of the community today – any 
 arrangement made in previous centuries is of little relevance 
 since land value rests on the assumption that public services 
 and a state of civil order will be maintained today and for 
 the foreseeable future. An example of the operation of this 
 principle is that the tax would provide a clawback mechanism 
 whereby increases in land value due to infrastructure 
 improvements, subsidy, etc, were returned to the Exchequer, 
 thereby providing a rolling fund for further improvements if 
 desired.
9 Retaining the principle of Crown as Paramount Superior creates 
 an elegant constitutional situation if a system of Land Value 
 Taxation is applied throughout Scotland, urban as well as rural, 
 under a title such as “Crown Feu Duty”. Until paid, this would be 
 a first charge upon the land in priority over all other 
 incumbrances whatsoever. Payment would be a condition of holding 
 the land. The Crown in Parliament would be in possession of a 
 source of revenue obtained without resort to taxation; with a 
 feu duty close to 100% of the annual rental value of the land, 
 it could well be that no other taxes would be required.
PART III
ANSWERS TO THE QUESTIONS IN CHAPTER 9
1 What specific examples are there of problems due to private 
 ownership, and what would be suitable remedies?
 Land Value Taxation Campaign would argue that private ownership 
 of land per se is not a problem; the problems arise due to the 
 private appropriation of land rent.
This has the following consequences.
 (a) Land is not necessarily kept at its optimum use consistent 
 with the planning regulations
 (b) Land may be held out of use altogether, thereby depriving 
 others of a productive opportunity.
 (c) Government is deprived of a potential source of revenue 
 and therefore has to rely on other forms of taxation which are 
 harmful to the economy. Much of non-urban Scotland consists of 
 marginal and sub-marginal land. Where land is barely above the 
 margin, taxation is likely to be critical to the viability of 
 an economic enterprise – in other words, there will be situations 
 where a business would be viable but for the imposition of the 
 tax. Potentially viable land then becomes sub-marginal. In this 
 regard, harmful taxes include not only income tax, and National 
 Insurance, but also fuel tax and VAT, which increase the cost of 
 business inputs and tip the balance into unprofitability. This is 
 particularly so in the case of small businesses and in remote 
 rural areas where transport costs are high.
 (d) Expenditure on infrastructure improvements, subsidies, etc 
 are all ultimately capitalised into land values. As a consequence, 
 a significant proportion of the income stream from new developments 
 of this type is appropriated by landowners, and this makes 
 infrastructure investment difficult to justify, since the investor 
 sees much less than the full return and there is usually little 
 direct return in the form of increased tax yields from landowners.
Land Value Taxation (LVT) would help each of these
 (a) LVT at a substantial and rising proportion of the annual 
 rental value would induce the landowner to make optimum use of 
 the site in order to earn the income from which the tax would be 
 paid. The cost of holding land out of use would be too great for 
 landowners to indulge in this practice.
 (b) One of the effects of replacing existing taxes by LVT is to 
 reduce or eliminate the burden of taxation on economic activity 
 on marginal land, because the assessment of marginal land for LVT 
 purposes is, by definition, nil.
 (c) In the absence of existing taxes, large tracts of sub-marginal 
 land would undoubtedly become capable of supporting productive 
 economic activity, and the Campaign would therefore advocate the 
 progressive replacement of existing taxes by LVT.
 (d) LVT would provide a clawback mechanism whereby increases in 
 land value due to infrastructure improvements, subsidy, etc, were 
 returned to the Exchequer. This would provide a rolling fund for 
 further improvements if desired.
2 Is there a strong enough case to justify pursuing a prohibition 
 on corporate ownership?
 The Campaign does not see corporate ownership of land as a problem 
 per se. If all land were to be rated on the assumption that it 
 was in optimum use consistent with the planning regulations, the 
 question need not arise.
3 Does it really matter whether the owner of land is foreign or a Scot?
 No. If land were to make a substantial contribution to public 
 revenue on the assumption of best use, then neither the 
 nationality nor the presence of the owner would matter from an 
 economic point of view.
4 Does it really matter whether the owner is absent?
No. What matters is that LVT is paid on the land holding.
5 Should public bodies reduce their holdings, and, if so, on what 
 basis?
 Under an LVT system, public bodies would automatically come under 
 financial pressure to hold no more land than was necessary for 
 their activities.
6 Should the Scottish Executive press for change to the remit of 
 the Crown Estate Commission to strike a better balance between 
 income generation and development?
 The principle should be best usage of all plots. LVT would 
 encourage this.
7 How can landowning non-Governmental organisations best contribute 
 to rural development?
The Land Value Taxation Campaign has no view on this issue.
8 Are new powers needed to tackle problems faced by those 
 considering community ownership?
The Land Value Taxation Campaign has no view on this issue.
9 How do current tax policies affect the price of land, and thus 
 the objectives of achieving, sustainable development in rural areas?
 Tax concessions granted when land is used for certain approved 
 purposes are, like subsidies, capitalised into land prices. 
 Existing tenants will benefit only in the short term.
 The right to use and develop land in any lawful way includes the 
 right to shoot over it and preserve game for that purpose. Such 
 rights should be included in LVT valuations and ought not to have 
 been exempted from non-domestic rates (the UBR). Furthermore, 
 differential rates of tax on property (land and buildings) in 
 different classes of use tend to encourage one use rather than 
 another. For example, within a particular taxation area, premises 
 in business use are subject to a higher rate under the UBR than 
 they would be if in residential use and liable to the Council Tax. 
 Observations suggest that this is leading to a loss of employment 
 opportunities as business premises are converted into residential 
 accommodation.
 The absence of a holding tax on land, based on current market 
 rental value and kept up to date, (for example, LVT), means that 
 land prices are not only the capitalisation of the annual rental 
 value, but also include an element of hope value in the expectation 
 of rises in the future, from infrastructural improvements, general 
 economic growth, population movements, possible reallocation of the 
 land to a higher use class, subsidies, tax concessions, interest 
 rates and inflation. LVT would remove this speculative froth from 
 land pricing.
 Land prices are also “sticky downwards” – they rise more easily 
 than they fall in response to market pressures. At times when 
 land prices are depressed, owners generally keep it off the 
 market awaiting an upturn in the economy. Thus, land prices do 
 not respond to supply and demand in the same way as manufactured 
 goods. Because land fixed in quantity, is not transportable, and 
 has no cost of production, increased demand does not call forth 
 increased supply.
 Current taxes bear on wealth creation, on goods and services, on 
 trade, on spending by consumers and on savings. Withholding and 
 under-use of land incur no penalty other than rental income 
 forgone. Would-be producers are forced to go to poorer, less 
 productive sites, which in rural Scotland may well mean that 
 the activity is not worthwhile.
 In summary, the present tax system distorts patterns of land use, 
 takes from the wealth creators and is benevolent to indolent and 
 uncaring landowners. This is harnessing the profit motive in 
 reverse!
10 What are the barriers to acquiring small units of land in rural 
 areas for housing and development?
 Owners tend to hold on to land unless there is a very good reason 
 for selling. Land prices are higher than the current earning 
 capacity of the land alone would justify. LVT would act as a 
 fiscal disincentive to holding on to more land than necessary.
11 To what extent are existing compulsory purchase powers defective 
 and in need of amendment or replacement?
 The Land Value Taxation Campaign has no view on this issue, except 
 in so far as it considers that LVT, fully and properly implemented, 
 would make such powers largely irrelevant.
12 Is there a case for saying that current arrangements do not allow 
 time for the assessment of the public interest in major sales? 
 How to define such major sales?
The Land Value Taxation Campaign has no view on this issue.
13 To what extent is the 1991 Act inhibiting access for young 
 would-be farmers; and could the existing system be adapted to 
 create new types of tenancy and to encourage new agricultural 
 tenancies?
 The Land Value Taxation Campaign has no view on this issue. 
 We merely comment, en passant, that tenants with secure 
 possession probably acquire a beneficial interest in land with 
 the passage of time, until the superior is able to command a 
 higher payment from the feuar.
14 Could there be changes to current arrangements for resolving 
 disputes?
The Land Value Taxation Campaign has no view on this issue.
15 Should there be changes to make it easier for tenants and crofters 
 to plant and harvest trees?
The Land Value Taxation Campaign has no view on this issue.
16 Should there be changes to encourage tenant farmers to involve 
 themselves fully in conservation of the natural and cultural 
 heritage?
 The Land Value Taxation Campaign has no view on this issue. 
 LVT would, however, be of value in assisting conservation, both 
 in urban and in rural areas. This may be seen by considering how 
 LVT would operate. The designation of Sites of Special Scientific 
 Interest (SSSIs) and Ancient Monuments, such as prehistoric burial 
 sites, and the operation of Tree Preservation Orders, restrict 
 what can be done with the land, and therefore tend to depress 
 land values. A system of LVT would automatically compensate for 
 the economic disadvantages of having to protect particular trees, 
 or wildlife habitats, or sites of archaeological importance.
17 Should steps be taken to encourage tenant farmers to develop the 
 sporting interest of their holdings as part of broader land use 
 businesses?
 The Land Value Taxation Campaign has no view on this issue. For 
 LVT purposes, the value of sporting rights is included in the 
 land value assessment.
18 Should greater encouragement be given to small scale mineral 
 developments of all kinds as part of rural enterprises?
 The Land Value Taxation Campaign has no view on this issue as 
 such, except to note that consent for mineral development 
 represents an intensification of use and hence land used for 
 this purpose would be subject to a higher assessment for LVT 
 purposes.
19 How best to ensure that all crofts are actively occupied?
 LVT at a substantial rate would ensure that all land was at its 
 optimum permitted use. Of course, if the croft were on 
 sub-marginal land, it would be unrealistic to expect it to be 
 actively occupied. No LVT would be levied in such circumstances.
20 Should decrofting be discouraged and land kept in crofting tenure 
 wherever possible?
 The Land Value Taxation Campaign has no view on this issue 
 – however, by ensuring proper use of higher quality land, LVT 
 would permit crofters to move to more productive plots.
21 Could the creation of new crofts or smallholdings be worth 
 considering for specified areas if it would help stem or reverse 
 population loss in remote rural areas through the encouragement 
 of self-sustaining economic activity?
 We would point out again what was stated in response to 
 question 1; at or close to the margin, taxation has a crucial 
 effect on the viability of any economic activity.  
 Self-sustaining economic activity dependent on public subsidy 
 is a contradiction. If land is sub-marginal and generates no rent, 
 it may be possible to argue for subsidy on the grounds of general 
 and specific social policy. Once rent arises, however, LVT would 
 recoup the marketable value of that land.
22 Should current right to buy legislation be amended and, 
 if so, how?
The Land Value Taxation Campaign has no view on this issue.
23 Would it make sense to look at ways to bring all other crofting 
 communities into a single simplified procedure for acquiring 
 community ownership?
The Land Value Taxation Campaign has no view on this issue.
24 Is crofting administration part of the problem?
The Land Value Taxation Campaign has no view on this issue.
25 Is part of the solution to focus and integrate existing grant 
 and other schemes better to promote desirable land use?
 The Campaign has major reservations about grants and subsidies, 
 since they are normally capitalised into higher land prices 
 – also, the availability of such grants is reflected in rental 
 levels and grants made to tenants are effectively a gift to the 
 landowner.
26  How far can the Government continue to rely on a voluntary 
 approach, supported by advice and information, as a way of 
 achieving good management of land?
 The Land Value Taxation Campaign is not primarily concerned with 
 land use and land management. Its objective is to restore to the 
 community what the community as a whole creates and maintains, 
 namely, land value. It is, however, the opinion of the Campaign 
 that good land use and good management will inevitably follow 
 from the need to generate a sustainable income stream from the 
 occupation of land, so as to be able to pay the duty demanded now 
 and in the future.
27 Could conditions on grants help?
See response to 25 above
28 How best to discourage undesirable land use if the normal 
 operation of market forces plus the present range of Government 
 incentives and controls fail to deliver the desired outcome in 
 terms of sustainable development?
 LVT at a substantial rate will ensure that land is kept in 
 optimum use consistent with the planning regulations. If these 
 are varied, land values will respond. Whether planning decisions 
 are themselves good or not falls outside the self-imposed remit 
 of the Land Value Taxation Campaign.
29 To what extent do the existing exemptions of agricultural and 
 forestry related developments from planning control cause 
 problems, and could changes to the land use planning system help?
See response to 28 above.
30 Could new financial penalties for undesirable land use be justified?
 LVT at a substantial rate will ensure that land is kept in optimum 
 use consistent with the planning regulations. Beyond that, it may 
 be that fines are necessary, for example, to deter pollution.
31 Might there need to be a new power of compulsory purchase in the 
 event of undesirable land use which cannot be tackled otherwise?
 The Land Value Taxation Campaign has no specific view on this 
 issue, but see response to question 11 above.
32 Could a strengthening of public rights over the foreshore be 
 justified?
 Private owners having rights over the foreshore should, like 
 all other landowners, pay their LVT.
33 Could the creation of significant new public rights in the name 
 of the Crown be Justified and, if so, what would be achieved, and 
 how would such a system be implemented?
 Retaining the Crown as Paramount Superior is an acceptable and 
 desirable basis for land holding within an LVT system. 
 Legislation on this point should include in its preamble a 
 statement to the effect that the Crown holds the land on behalf 
 of the entire nation. Subordinate holdings should be replaced by 
 a system of Crown Feus – a national feu duty, or national land 
 rent or national land value tax. This arrangement would, we 
 believe, represent an ideal adaptation of ancient practice to 
 modern conditions.
34 Is it worth £25m to speed up transfer of data to the new Register 
 by the year 2000?
 Not per se. The Land Value Taxation Campaign considers 2003 
 acceptable. Costs incurred to introduce a LVT system would be 
 voted by Parliament. For our purposes, we have no use for a 
 valuation of developments in and on the land, but only of the 
 land itself. For LVT, only the location values of sites are 
 required.
35 Is it worth £300m for a Register listing all land; or between 
 £5-15m for a Register listing all holdings over 1,000 acres?
 The figure of £300 million seems high, representing almost 
 £400 per title. The Campaign is against any exemptions where 
 registration of land for LVT is concerned. Presumably, the 
 figure of 800,000 titles outstanding includes some very 
 valuable urban plots of under an acre. A cut-off of 1000 acres 
 would be absurd in such circumstances.
 If, therefore, there is to be any cut-off, we would suggest that 
 it is based on land value, not site area, as urban sites of a 
 fraction of an acre are worth more than rural sites of several 
 thousand acres. In any case, no clear distinction can ultimately 
 be drawn between urban and rural land; most cities include 
 extensive areas of “urban fringe” and there are important pockets 
 of land of relatively high value in industrial use in rural areas.
 We reiterate opposition to exemptions. If, however, administrative 
 needs are initially pressing, the Campaign suggests that any 
 exemptions considered necessary be extended to sites with an 
 annual land rental value of less than, say, £100. Small adjacent 
 plots in single use or evident complementary use would be treated 
 as one, to prevent spurious sub-division to escape LVT liability.
36 Could introducing a duty to disclose information on beneficial 
 owners be justified, and how might enforcement be achieved?
 The land register, including the land value tax assessments, 
 should be available to public inspection. This is essential for 
 the proper operation of the LVT system, to ensure that valuations 
 can be challenged and an effective system of appeals can operate. 
 The superior under the Crown would be responsible for paying the 
 LVT (national feu duty), but the Land Value Taxation Campaign has 
 proposals for apportionment provisions in the legislation to cover 
 the phasing-in period.
37 How much would publication of data on recipients of agricultural 
 grants and subsidies (to the extent permitted under EU legislation) 
 help?
The Land Value Taxation Campaign has no view on this issue.
PART IV
FURTHER COMMENTS ON SPECIFIC POINTS RAISED IN THE REPORT
#2.4
 Introduction of Land Value Taxation is the most important single 
 change required to remove barriers and promote sustainable 
 development. We do not claim that LVT alone will solve all the 
 problems indicated, but predict that in the absence of LVT, many 
 existing problems will undoubtedly continue and that new problems 
 will emerge.
 
#3.8
 For our view on LVT in relation to the foreshore and to the 
 territorial sea bed, please see our response to question 32 
 (part III above). The criticism that Crown Estates Commission 
 rents represent resources withdrawn from the area concerned, is 
 a profound misunderstanding if translated into what the future 
 introduction of LVT in Scotland would mean. All the value of all 
 land in Scotland is collected as annual rent (feu duty) for the 
 Crown (Paramount Superior) on behalf of all Scots. Existing taxes 
 are removed or abated. Scots share equally in the value of their 
 land. The remote islander gives up the mite his land is worth, to 
 share in the riches of Central Edinburgh.
#3.12
 The taxation of “profit” distorts the price of land. This results 
 in an artificial shortage of land relative to demand, and land 
 price is increased on that account. More intensively capitalised 
 production is encouraged, which tends to the disadvantage of labour 
 overall.
 Public subsidies, tax exemption (eg de-rating) and higher product 
 prices guaranteed by intervention, all are all eventually reflected 
 in land rents and land prices.
#6.3
 A costly inspectorate is not required. LVT promotes optimum use of 
 land and acts to this end without further intervention.
#7.2
 This analysis of feudalism is highly relevant to our case. The 
 theory that “all land was ultimately owned by the sovereign” is 
 based on the doctrine that land, because it was not created by any 
 man, is not morally the property of any human being but is vested 
 in the Sovereign as representative of God and of the community at 
 large.
 Another way of looking at the matter is to consider that the 
 Sovereign had special duties towards his subjects, such as the 
 preservation of civil order, defence from foreign enemies, etc, 
 which could only be discharged if he received services or their 
 equivalent from his subjects, and that this revenue should be 
 related to the benefit they received in the way of specially 
 prescribed rights over particular parcels of land.
 The analysis notes the development of subinfeudation, on which 
 existing feu duties are based. This practice seems to derive from 
 the responsibility of tenants in capite to perform duties towards 
 their feudal inferiors corresponding to those which the Sovereign 
 performed towards them, notably, protection against outside enemies.
 In the Highlands, the traditional function of a clan chief was 
 comparable to that of tenants in capite, but was, if anything, 
 related to a sense of quasi-parental responsibility towards his 
 clansmen. There is a remarkable exchange of documents between the 
 Prime Minister, W E Gladstone and Sir William Harcourt in January 
 1885 (CAB 37/14/7, Public Record Office), which describes the way 
 in which Highland proprietors discovered and exploited their legal 
 rights as landowners and forsook their traditional responsibilities, 
 with disastrous consequences for their clansmen, and ultimately for 
 themselves also.
#7.3
 Retaining the Crown as Paramount Superior is a desirable basis 
 for land holding, in that it implies that the Crown “owns” the 
 land on behalf of the entire nation. Holdings, as such, continue; 
 they are no longer, in effect, what in England are known as title 
 absolute (formerly fee simple). The feu, now national, simply 
 becomes an obligation to pay the Land Value Tax. This arrangement 
 would, we believe, represent an ideal adaptation of ancient practice 
 to modern conditions.
PART V
APPENDICES
APPENDIX 1 – DEFINITION OF LAND VALUE TAXATION
A1.1 LVT is a tax on the annual rental value of land. The valuation 
 is the current annual market rental value of the land alone, 
 disregarding buildings and other improvements.
A1.2 Each unit of land is assessed at its unimproved site value, with 
 all surrounding land taken as being in its existing condition.
A1.3 All land, including vacant and agricultural land is subject to 
 the tax, and the valuation is on the basis of optimum use within 
 whatever permissions and constraints apply.
A1.4 In practice, LVT would operate in much the same way as the present 
 national non-domestic rate, with the difference that no land would 
 be exempt and buildings and other improvements would in effect be 
 de-rated.
APPENDIX 2 – DEFINITION OF LAND VALUE
DEFINITION A
 The following definition of land value is that given in 
 Section 3 of London Rating (Site Values) Bill, 1939.1
 The annual site value of a land unit shall be the annual rent 
 which the land comprising the land unit might be expected to 
 realise if demised with vacant possession at the valuation date 
 in the open market by a willing lessor upon a perpetually 
 renewable tenure upon the assumptions that at that date –
(a) there were not upon or in that land unit –
(i) any buildings erections or works except roads; and
     (ii) anything growing except grass heather gorse sedge or 
     other natural growth;
 (b)  the annual rent had been computed without taking into 
  account the value of any tillages or manures or any 
  improvements for which any sum would by law or custom 
  be payable to an outgoing tenant of a holding;
 (c) the land unit were free from any incumbrances except 
  such of the following incumbrances as would be binding 
  upon a purchaser –
     easements; rights of common; customary rights; public 
     rights; liability to repair highways by reason of tenure; 
     liability to repair the chancel of any church; liability 
     in respect of the repair or maintenance of embankments or 
     sea or river walls; liability to pay any drainage rate under 
     any statute; restrictions upon user which have become 
     operative imposed by or in pursuance of any Act or by any 
     agreement not being a lease.
     “works” does not include any works of excavation or filling 
     done for the purpose of bringing the configuration of the 
     soil to its actual configuration;
     “road” does not include any road which the occupier alone of 
     the land concerned is entitled to use.
DEFINITION B
 The following definition of annual rental value is taken from 
 “Nature’s Budget” by James Dundas White (Allen and Unwin, 1936, 
 page 86). White was a barrister, and a MP for twelve years.
 The “annual rental value” of any portion of land in Scotland 
 might be defined as the best annual feu duty that could reasonably 
 be obtained for that land if it were feued with vacant possession 
 by a willing superior at the time of valuation, assuming that any 
 buildings or other improvements on it were non-existent or 
 exhausted, that it is free from all incumbrances except those 
 mentioned later2, that the feuar would have unrestricted right 
 to use and develop it in any lawful way, and that the National 
 Land-Rent3 for it would be payable by the superior and not by the 
 feuar.
1. The full text of the Bill is on this web-site – see index page 
– or copies are obtainable on request from the Campaign, which distributes 
it following consultation with Messrs. Dyson, Bell & Co., and Mr J. Hastings, 
Clerk of the Journals, House of Commons, confirming that there was no 
objection to distribution.
2. The list is not dissimilar to that shown at (c) under A above, but White 
noted that liabilities of an occasional character whose amounts cannot 
be ascertained beforehand, were extinguished in Scotland by compulsory 
redemption under the Feudal Casualties (Scotland) Act, 1914.
3. White chose National Land-Rent as his term for the Land Value Tax. The 
Land Value Taxation Campaign suggests Crown Feus as another option.