The Commons Commissioner had included a wood within the commons. The landowner appealed.
Held: A 1933 conveyance as had referred to the land as ‘several pieces or parcels of land adjoining and enjoyed with’ the house, and it had been enjoyed with the house for many years. The wooded garden should excluded from the common. The words ‘land ancillary to’ a dwelling house should be read to include a garden, and need not be construed tightly so as to include only agricultural or cultivated land.
Citations:
Gazette 16-Sep-1992, [1992] 1 WLR 1088, [1993] 1 All ER 213
Statutes:
Common Land (Rectification of Registers) Act 1989 1(2) 1(3)
Jurisdiction:
England and Wales
Cited by:
Cited – Re Land at Freshfields ChD 27-Jan-1993
Where land had been registered by the Commons Commissioner as common land by virtue of a mistake, the Act provided no mechanism for the correction of that mistake. In this case it was not established that the land comprised fields which were not as . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 June 2022; Ref: scu.79624
