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Acts

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H M Attorney General v Hyde and others: ChD 5 Dec 2001

Land had been acquired by the trustees’ predecessors under the 1882 Act. The question was now whether it was subject to charitable trusts. Money having been received from the acquisition of the rights, a meeting had been held to determine the trusts upon which it was to be held. The express trusts were for the … Continue reading H M Attorney General v Hyde and others: ChD 5 Dec 2001

Mellestrom v Badgworthy Land Company (Adverse Possession): LRA 21 Jul 2010

LRA Conveyance of sporting and manorial rights – whether it includes the freehold of the waste – claimed adverse possession of a common – effect of registration as owner of common land under Commons Registration Act 1965 Citations: [2010] EWLandRA 2008 – 1498 Links: Bailii Statutes: Commons Registration Act 1965 Jurisdiction: England and Wales Registered … Continue reading Mellestrom v Badgworthy Land Company (Adverse Possession): LRA 21 Jul 2010

Cheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council: Admn 10 Nov 2003

A claim was made for the review of a decision of the Council to amend the Register of Town and Village Greens (TVG). Held: The registration of the TVG was manifestly flawed and could not stand whether under section 14 or by way of judicial review. Available procedures did not enable precisely the same relief … Continue reading Cheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council: Admn 10 Nov 2003

Laing Homes Ltd, Regina (on the Application of) v Secretary of State for the Environment Food and Rural Affairs: Admn 8 Jul 2003

Sullivan J allowed Laing Homes Ltd.’s application for judicial review of the County Council’s decision to register a Town or Village Green, but rejected the argument that the locality needed to be specified in the application form, could not be later amended, and that the Ecclesiastical Parish of Hazlemere did not qualify as a locality. … Continue reading Laing Homes Ltd, Regina (on the Application of) v Secretary of State for the Environment Food and Rural Affairs: Admn 8 Jul 2003

Regina (on the application of Beresford) v The City of Sunderland: CA 26 Jul 2001

Local inhabitants requested the alteration of the Town and Village Green register to include land over which they claimed use as of right for more than twenty years. The difference between acquiescence, which would allow the claim, and tolerance or permission which would defeat it is the presence of some positive act of consent. As … Continue reading Regina (on the application of Beresford) v The City of Sunderland: CA 26 Jul 2001

G and K Ladenbau (UK) Ltd v Crawley and De Reya: QBD 25 Apr 1977

The defendant solicitors acted for the plaintiff in the purchase of land, but failed to undertake a commons search which would have revealed an entry which would prevent the client pursuing his development. The defect was discovered only when purchasers from their clients later undertook a commons search. In fact the registration was erroneous, but … Continue reading G and K Ladenbau (UK) Ltd v Crawley and De Reya: QBD 25 Apr 1977

Regina v City of Sunderland, ex parte Beresford: Admn 14 Nov 2000

A recreational area was claimed to be a common. The council considered that there was evidence, which it accepted, of an implied licence, thus enabling the inference to be drawn that the use by local inhabitants for statutory purposes had not been as of right. Held: Time could not begin to run in the acquisition … Continue reading Regina v City of Sunderland, ex parte Beresford: Admn 14 Nov 2000

Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996

The period of twenty years required to establish a common under the Act was the period up to the date of the application. Judges: Dyson J Citations: [1996] EWHC Admin 385, (1996) 74 PandCR 1 Links: Bailii Statutes: Commons Registration Act 1965 Citing: Cited – New Windsor Corporation v Mellor CA 1975 The respondent had … Continue reading Regina v Norfolk County Council ex parte Perry: Admn 19 Dec 1996

Baron Dynevor v Richardson: ChD 26 May 1994

Rights of commons were registered whether the registration was provisional or final. A provisional but rejected registration stops time running under the doctrine of lost modern grant. Citations: Ind Summary 13-Jun-1994, Times 26-May-1994 Statutes: Commons Registration Act 1965 1(2)(b) Land Updated: 19 May 2022; Ref: scu.80191

Bettison and others v Langton and others: HL 17 May 2001

A right to pasture animals on a common had been levant and couchant, and as such was inalienable as a separate asset from the land where the animals were kept. The right was registered under the Act, and was thereby transformed into a right to graze a certain number of animals on the common. That … Continue reading Bettison and others v Langton and others: HL 17 May 2001

Bernard Wheatcroft Ltd v Secretary of State for the Environment: CA 1982

The developer originally sought permission for 450 homes. That was refused. Before the appeal, it proposed an alternative with 250 homes to be adopted only if the size of the development were considered to be the critical factor. The inspector decided for the smaller scale application. The developer appealed, but the Secretary of State dismissed … Continue reading Bernard Wheatcroft Ltd v Secretary of State for the Environment: CA 1982

Central Electricity Generating Board v Clwyd County Council: 1976

The owner of a farm applied late for the registration of a right of common over the Dee Marsh Saltings which had been provisionally registered as common land. After an inquiry the Commons Commissioner, Hugh Francis QC, confirmed the registration of the land as common land. He took the view, after hearing the evidence as … Continue reading Central Electricity Generating Board v Clwyd County Council: 1976

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

TW Logistics Ltd v Essex County Council and Another: CA 5 Oct 2018

The Court was asked whether part of the working port of Mistley has been properly registered as a town or village green. Held: The 19th century statutes, as applied to a registered modern green, are not to be construed as interfering with the rights of the landowner to continue pre-existing uses so far as not … Continue reading TW Logistics Ltd v Essex County Council and Another: CA 5 Oct 2018

Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2005

The court was asked as to the power to amend an application for registration of land as a village green, in the absence of any specific provision in the regulations permitting amendment. Guidance was sought for practitioners. Held: The 1965 Act ‘created no new legal status, and no new rights or liabilities other than those … Continue reading Oxfordshire County Council v Oxford City Council and Another: CA 24 Feb 2005

Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999

When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999

Regina v Oxfordshire County Council ex parte Sunningwell Parish Council: Admn 11 Jul 1996

The Parish Council sought judicial review of the county council’s decision to reject a regristation of land as a Common on the ground that the user of the land by the villagers had not been shown to be ‘as of right.’ Held: Leave to bring the review was refused, applying the Steed case. Judges: Buxton … Continue reading Regina v Oxfordshire County Council ex parte Sunningwell Parish Council: Admn 11 Jul 1996

Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995

Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green. Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it is accepted that if the matter has to be reconsidered by the Council … Continue reading Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995

Humphreys v Rochdale Metropolitan Borough Council: Admn 18 Jun 2004

Acts of grazing and fertilising by the owner which would have contravened the 1857 and 1876 Acts if the land had been a village green at the time, prevented the land from satisfying the section 22 definition. Judges: Judge Howarth Citations: Unreported, 18 June 2004 Statutes: Commons Registration Act 1965 Jurisdiction: England and Wales Cited … Continue reading Humphreys v Rochdale Metropolitan Borough Council: Admn 18 Jun 2004

TW Logistics Ltd v Essex County Council and Another: ChD 8 Feb 2017

The court was asked whether an area of land forming part of the Port of Mistley in Essex should remain registered as a town or village green pursuant to the Commons Act 2006, or whether the TVG register should be rectified by the de-registration in whole or in part of the Land by the exercise … Continue reading TW Logistics Ltd v Essex County Council and Another: ChD 8 Feb 2017

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

Regina v Doncaster Metropolitan Borough Council ex parte Braim: 1986

The court considered whether the lease of part of Doncaster Common (not registered as such) fell within section 123(2A) of the 1972 Act. Held: For over a century the public had, as of right, used Doncaster Common for what could be conveniently termed recreation. Even if the public’s use depended upon a bare licence, the … Continue reading Regina v Doncaster Metropolitan Borough Council ex parte Braim: 1986

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

Littlejohns and Another v Devon County Council and Another: CA 6 May 2016

Appeal against rejection of request for registration of land as a common: ‘At the heart of the appeal lies the question of law whether it is possible to acquire a right of common by virtue of an express grant or (as in the present case) user after 2 January 1970 over land registered under the … Continue reading Littlejohns and Another v Devon County Council and Another: CA 6 May 2016

Ministry of Defence v Wiltshire County Council; 3 May 1995

References: [1995] 4 All ER 931 Coram: Harman J The court considered that the time period of twenty years necessary to establish a right of common under the Act was the period ending with the date of the application. Held: The court rectified the register under section 14 so as to remove the registration of … Continue reading Ministry of Defence v Wiltshire County Council; 3 May 1995

Chassagnou and Others v France: ECHR 29 Apr 1999

A law permitted local authorities to oblige landowners to transfer hunting rights over private land to approved hunting associations. The landowners could not prevent hunting on their property. Landowners so affected were made members automatically of the hunting association so that they could now hunt over other land also subject to the same new access … Continue reading Chassagnou and Others v France: ECHR 29 Apr 1999

Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. In his absence the Appeals Council rejected his case and substituted for the two year suspension a direction to … Continue reading Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019

Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, five plots in Lancaster were owned by LCC who objected to an application … Continue reading Lancashire County Council, Regina (on The Application of) v SSEFRA and Another: SC 11 Dec 2019

Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Littlejohns, Regina (on The Application of) v Devon County Council and Another: Admn 24 Mar 2015

The claimants sought judicial review of the refusal by the defendants to register rights of common in certain lands under the 2006 Act. The defendants said that the rights asserted did not fall within the scope of transitional provisions in the 2006 Act. Held: The Authority’s decision was correct in law. The purpose of Schedule … Continue reading Littlejohns, Regina (on The Application of) v Devon County Council and Another: Admn 24 Mar 2015