A claim was made for the rectification of the register of Town or Village Greens to remove the registration for their land.
Held: The register should be rectified. The user relied on had been neither peaceable nor ‘as of right’ as required. As to the justice of the case, the inhabitants of Wyke Regis would be entitled to enjoy rights over the land which should not have been conferred on them. However the claimant had purchased the land already subject to the registration. Morgan J said: ‘Having reviewed the evidence as to the position of the landowners, and in particular Betterment, my conclusions are as follows. The previous landowners could show that they would have been at a substantial disadvantage by reason of the land being registered as a green as compared to the situation they would have been in if the land had not been so registered. At the present time, Betterment can also show that it will be at a substantial disadvantage by reason of the registration as compared with the case where the land was not registered as a green. That difference is represented by a substantial amount in money terms. When Betterment bought the land, it paid more than the land was worth if the land were to remain registered as a green; it paid less than the value of the land if the registration were to be rectified. That is precisely what one would expect with a purchase of land where its value is subject to uncertainty as to a future event. Mr Petchey argued that Betterment had made a gamble. If the gamble were to pay off and the registration were to be rectified then, he said, Betterment would have a windfall, namely, the enhancement in value attributable to the removal of the registration. If, on the other hand, the gamble did not pay off and the registration continued then, he said, Betterment had taken that risk with its eyes open. I do not regard that submission, describing Betterment as having made a gamble, as any reliable guide to where the justice of the case lies as regards rectification. I regard it as more accurate to come to the conclusion that any landowner including Betterment, will be significantly worse off if the registration continues as compared with the alternative of the registration being rectified. I would therefore reach the conclusion that the continuation of a registration which ought not to have been made in the first instance will cause substantial harm to any landowner, including in this case’
Judges:
Morgan J
Citations:
[2010] EWHC 3045 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Betterment Properties (Weymouth) Ltd v Dorset County Council ChD 2-Mar-2007
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should . .
See Also – Betterment Properties (Weymouth) Ltd v Dorset County Council CA 6-Feb-2008
A large area of land had been registered as a town or village green. The company, owner of the land, had succeeded in having the registration removed. The Council appealed, question whether the procedure undertaken by the High Court on such an . .
Cited by:
Appeal from – Betterment Properties (Weymouth) Ltd v James Carthy and Company Ltd CA 15-Dec-2010
Dispute as to presence of public right of way. . .
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 27 August 2022; Ref: scu.426468