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Pallett v Broxbourne Borough Council: FTTPC 27 Aug 2019

Adverse Possession. Application for adverse possession under Schedule 6 of part of a title first registered in 2005. Respondent local authority, and owner of the disputed land, contended it was subject to a covenant to keep it as an open space under the Open Spaces Act 1906. Respondent had lodged Land Registry form NAP but … Continue reading Pallett v Broxbourne Borough Council: FTTPC 27 Aug 2019

Regina v Somerset County Council Ex Parte Fewings and Others: CA 22 Mar 1995

The local authority had accepted the argument that stag hunting was cruel and had banned it from the land it owned in the Quantocks. The ban was challenged. Held: The ban was unlawful. The decision had been reached on moral, and not on administrative grounds. The purposes it sought to implement were not within the … Continue reading Regina v Somerset County Council Ex Parte Fewings and Others: CA 22 Mar 1995

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