Bourke v Davis: 1890

Kay J considered that a customary right over land might be confined to the inhabitants of a district.
Kay J
(1890) 44 Ch D 110
England and Wales
Cited by:
CitedEdwards v Jenkins 1896
Application was made to register a customary right over land.
Held: The ‘locality rule’ applied. The inhabitants of the contiguous Surrey parishes of Beddington, Carshalton and Mitcham could not have a customary right of recreation over land . .
CitedPaddico (267) Ltd v Kirklees Metropolitan Council and Others ChD 23-Jun-2011
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 September 2021; Ref: scu.441214