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 application was appellate or by way of a rehearing. Also the definition of a village green had changed during the time under which the use as such accrued. The court was asked which definition was to be used on the application.
Judges:
Laws, Rix and Lloyd LJJ
Citations:
[2008] EWCA Civ 22, [2009] 1 WLR 334, [2008] 6 EG 130, [2008] 3 All ER 736, [2008] NPC 15
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited by:
See Also – Betterment Properties (Weymouth) Ltd v Dorset County Council and Another ChD 23-Nov-2010
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 . .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 13 July 2022; Ref: scu.264113