The claimant owned property by Putney Lower Common. He objected to a proposal to develop further neighbouring land, and in particular the grant of access over the common to the proposed development.
Held: Housden must be applied, and ‘Of particular importance in the context of this case is the provision within section 39 which empowers the Defendant ‘to make and maintain such roads and ways as may be in their judgment necessary or proper’. Given the approach to interpretation spelled out above I am satisfied that it is open to the Defendant to create a means of access for the benefit of an area of land adjoining the common provided the means of access so created does not interfere with the ability of members of the public to continue to enjoy the part of the common across which the access is created and provided that the creation of the means of access is consistent with the duties of the Defendant and the overall objectives of the Act. ‘
Wyn Williams J
 EWHC 3411 (Admin)
Wimbledon and Putney Commons Act 1871
England and Wales
Applied – Housden and Another v The Conservators of Wimbledon and Putney Commons CA 18-Mar-2008
The claimants sought to register a right of way over the common by virtue of use over forty years. The defendants denied that they were able to grant an easement inder the 1871 Act, and that therefore no claim could be laid under prescription.
Updated: 01 November 2021; Ref: scu.517472