A failure to register town green did not defeat existing customary rights over it. Citations: Times 11-Nov-1996 Statutes: Commons Registration Act 1965 1(2)(a) Jurisdiction: England and Wales Land Updated: 03 November 2022; Ref: scu.88129
Customary rights over land were not defeated by failure to register as common. ‘As of right’ meant that the right must be exercised in the belief that it is a right enjoyed by the inhabitants of the village to the exclusion of all other people. ‘it is no trivial matter for a landowner to have … Continue reading Regina v Suffolk County Council Ex Parte Steed and Another: CA 2 Aug 1996
Appeal was made against an order that the register of town and village greens be amended by the deletion of an entry. Judges: Carnwath, Sullivan, Patten LJJ Citations: [2012] EWCA Civ 262, [2012] 11 EG 92, [2012] 2 P and CR 1, [2012] BLGR 617 Links: Bailii Statutes: Commons Registration Act 1965 1(2)(a), Commons Registration … Continue reading Adamson v Paddico (267) Ltd: CA 7 Mar 2012
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
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
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
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