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
The Parish Council appealed against refusal of leave to seek judicial review of a decision to reject an application for certain land to be registered as a common. Judges: Carnwath LJ Citations: [1997] EWCA Civ 2807, [2006] Ch 43 Statutes: Commons Registration Act 1965 13(b) Jurisdiction: England and Wales Citing: Appeal from – Regina v … Continue reading Regina v Oxfordshire County Council ex parte Sunningwell Parish Council: CA 24 Nov 1997
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
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
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
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
