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LRA Application to be registered as owners on grounds of adverse possession – effect of fact that land in question subject to provision of Open Spaces Act 1906 – application given effect to. . .
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
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
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
Open space land had been conveyed to Poole Corporation ‘in fee simple to the intent that the same may for ever hereafter be preserved and used as an open space or as a pleasure or recreation ground for the public use.’ Held: There was no express reference in the Conveyance to the 1906 Act but … Continue reading Attorney-General v Poole: 1938
Judges: Lang DBE J Citations: [2017] EWHC 1947 (Admin), [2017] WLR(D) 533 Links: Bailii, WLRD Statutes: Open Spaces Act 1906 Jurisdiction: England and Wales Local Government, Land Updated: 28 March 2022; Ref: scu.591664