Search Results for: Commons Registration (New Land) Regulations 1969 6

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Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004

The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green. Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons Commissioners have no jurisdiction in a dispute arising under section 13. The 1969 … Continue reading Whitmey, Regina (on the Application of) v the Commons Commissioners: CA 21 Jul 2004

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Anthony Robert Cooper v Alan Charles Prince, Terence John Madden, Paul Nicholas Bakewell (Easements and Profits A Prendre): LRA 31 Aug 2011

LRA Profit a prendre; right to exercise common of pasture; doctrine of Lost Modern Grant; Prescription Act 1832; Land Registration Act 2002, ss. 33, 34, 40, 65, sch 4, para. 5(b) or (c); Commons Registration Act 1965, ss 1, 13(b); Commons Act 2006; New Forest Claims Act 1854; New Forest Act 1877; Commons Registration (New … Continue reading Anthony Robert Cooper v Alan Charles Prince, Terence John Madden, Paul Nicholas Bakewell (Easements and Profits A Prendre): LRA 31 Aug 2011

Taylor v Betterment Properties (Weymouth) Ltd and Another: CA 7 Mar 2012

The respondent owned farmland over which public rights of way were claimed. Judges: Carnwath, Sullivan, Patten LJJ Citations: [2012] 2 PandCR 3, [2012] EWCA Civ 250 Links: Bailii Statutes: Commons Registration Act 1965 2, Commons Registration (New Land) Regulations 1969, ountryside and Rights of Way Act 2000 22(1) Jurisdiction: England and Wales Citing: Appeal from … Continue reading Taylor v Betterment Properties (Weymouth) Ltd and Another: CA 7 Mar 2012

Leeds Group Plc v Leeds City Council: ChD 21 Apr 2010

Application had been made to the defendant to register as a common land belonging in part to the claimant and in part to the defendant. The claimant objected to the registration. The defendant did not. Judges: Behrens J Citations: [2010] EWHC 810 (Ch), [2010] NPC 47 Links: Bailii Statutes: Commons Registration Act 1965 13(b), Countryside … Continue reading Leeds Group Plc v Leeds City Council: ChD 21 Apr 2010

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

Paddico (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 claimed. Held: Rectification was ordered. The Green ought not to have been registered … Continue reading Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011