The owner of a farm applied late for the registration of a right of common over the Dee Marsh Saltings which had been provisionally registered as common land. After an inquiry the Commons Commissioner, Hugh Francis QC, confirmed the registration of the land as common land. He took the view, after hearing the evidence as to grazing and other uses, that the land was subject to rights of common within the meaning of the definition in section 22, although none had been registered at the date of the provisional registration of the land as common land, and none were exercisable at the date of the hearing.
Held: The registration was overruled. Any rights of common which might have existed when the provisional registration was made had not been extinguished for want of registration. Goff J. held that an existing right of common was extinguished if not registered by the prescribed date.
Judges:
Goff J
Citations:
[1976] 1 All ER 251, [1976] 1 WLR 151
Statutes:
Cited by:
Cited – G and K Ladenbau (UK) Ltd v Crawley and De Reya QBD 25-Apr-1977
The defendant solicitors acted for the plaintiff in the purchase of land, but failed to undertake a commons search which would have revealed an entry which would prevent the client pursuing his development. The defect was discovered only when . .
Cited – Littlejohns, Regina (on The Application of) v Devon County Council and Another Admn 24-Mar-2015
The claimants sought judicial review of the refusal by the defendants to register rights of common in certain lands under the 2006 Act. The defendants said that the rights asserted did not fall within the scope of transitional provisions in the 2006 . .
Cited – Littlejohns and Another v Devon County Council and Another CA 6-May-2016
Appeal against rejection of request for registration of land as a common: ‘At the heart of the appeal lies the question of law whether it is possible to acquire a right of common by virtue of an express grant or (as in the present case) user after 2 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 16 May 2022; Ref: scu.183169
