'David vs Goliath' Marazion land battle with owners of St Michael's Mount

A funeral director who has turned a former mining spoilt heap to good use over 30 years says he's fighting a David vs Goliath eviction battle after the owners of St Michael's Mount decided to evict him. He says they can't prove they own the land.

Garry Clemo claims to have been gifted the patch of scrubland three decades ago by the late John St Aubyn, the fourth Baron St Levan, when he asked if he could buy it. He says the St Aubyn Estates told him they could not sell it as they did not have the deed for it but they were happy for him to have it nonetheless.

However St Aubyn Estate says it can prove its ownership and has let it to Mr Clemo for many years for free. It said he has refused an offer to rent it to him for £1 a year for life in this "very sad situation".

READ MORE: Another iconic Newquay hotel closes down with staff made redundant

READ MORE: Cornish sisters recreate photo taken 40 years ago on favourite beach

The 62-year-old said the small plot of land, no more than a quarter of an acre in size, was subsequently developed for his personal use. He said that he first stored tractors and other machinery on it before installing a static caravan, patio and rockery so he can enjoy the commanding views the plot offers of St Michael's Mount and Mount's Bay.

Mr Clemo who runs Penwith Funeral Services and works with another funeral directors firm in St Ives, said he is now being taken to court by the current Lord St Levan, James Piers Southwell St Aubyn, John St Aubyn's nephew. He claimed that the St Aubyn Estates, which owns land and properties around Marazion including St Michael's Mount, wants the land back but can't prove it's theirs.

In a post on Penwith Funeral Services' Facebook page, Mr Clemo wrote: "Approximately 30 years ago. The late Lord St Levan said that because he didn't have the deeds for the yard that I now occupy and he wasn't in a position to sell it to me, he said that I could have it.

"I have vastly improved it over the years. They submitted papers to Truro County Court (sic) to have me evicted from the yard after all the work I have done there.

"This land, when it was given to me, never had any deeds. How low can this family get? The late Lord and Lady would be utterly disgusted by the way that they are conducting the honour of being Lord and Lady St Levan."

Sign up to receive daily updates and breaking news alerts from CornwallLive straight to your inbox

CornwallLive contacted Mr Clemo and the St Aubyn Estates about the dispute. Mr Clemo sent us the court papers. In his statement Mr Clemo said the legal battle over ownership started two years ago when the new land agent for the current Lord St Levan approached him asking that he pays a minimal rent.

St Aubyn Estates told CornwallLive the land has always belonged to them and has been registered with the Land Registry for years. They said the estates allowed Mr Clemo to have use of the land for free for decades and said they offered him to continue to do so for the next 10 years for £1 a year but he refused.

Mr Clemo said he discarded the offer, arguing that he should not pay rent on a land he now owns. The dispute is now heading for a hearing pencilled in for December 4 at Truro County Court.

In his statement he said that over the years, he turned what was a spoilt heap from the mining industry into a nice area for his enjoyment, and was under no obligation to do, but chose to. However he also admitted never to have had any consent for it, adding: "We have never been given permission or consent to occupy the land. We believed the land had been transferred to myself until recent years."

He said that before the previous Lord St Levan passed away in 2013, he met him and his then land agent Owen Bartle at the St Aubyn Estates' office. In his statement to the court, Mr Clemo wrote: "I asked if the estates would consider selling me the piece of land. Mr Bartle said no. 'Why,' he said, 'do you want to buy it when you have full use of it?' Straight away Lord St Levan said 'Bartle, why can't Garry buy the land?'

"Mr Bartle said 'it's simple my Lord, we can't sell something we don't have a deed to'. Straight away Lord St Levan said to me, 'there you are Garry, it's yours. You can have it'."

Mr Clemo added: "The reason that they want to claim the land back by way of 'adverse possession' is that two years ago the new land agent for the estate, after all the work that I have done on it, wanted me to sign an agreement saying that if I signed it I could have it for the next 10 years for £1 a year. I told him that I won't as it's already mine."

Mr Clemo said that as John St Aubyn and Mr Bartle have both passed away, no-one will be in a position to confirm his claims. He added: "It's David vs Goliath. They're the establishment."

A spokesperson at St Aubyn Estates said: "This is a very sad situation. The area of land in question has belonged to the estate for generations. It is registered at the Land Registry, and the historic deed of ownership is held in the Estate archives. There was never any offer by the late Lord St Levan to transfer ownership to Mr Clemo.

"St Aubyn Estates has let this area of land to Mr Clemo for many years at no charge. This historic arrangement reflects the very long and close relationship between the Estate and Mr Clemo.

"For more than a decade the Estate has been working to make the arrangement formal and had offered to guarantee his tenancy over the land at a rent of just £1 per year for the rest of his life.

"Unfortunately, Mr Clemo has refused to engage with the Estate despite numerous attempts, and for the last few years has insisted we communicate through his solicitors, and we have had no choice but to do that, culminating in a writ to quit being served on Mr Clemo more than a year ago."

Mr Clemo, whose son recently passed away, subsequently posted on Facebook saying: "I overwhelmingly apologies (sic) for all my previous postings, if I have offended anyone, including Lord and Lady St Levan. I'm very sorry. I am a bereaved father and I am feeling very hurt and let down."

⚠️ Want the latest Cornwall breaking news and top stories first? Click here to join CornwallLive on WhatsApp and we'll send breaking news and top stories directly to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice⚠️