The parties sought to establish a customary right to enter on land, erect a maypole and to dance around it, and otherwise to enjoy the land for innocent recreation at any time.
Held: The claim was good. A custom might be understood as a local law arising from the assent of the neighbourhood before time immemorial. A customary right over land must be compatible with appropriate seasonable use of the land by the owner.
Judges:
Kelly CB, Cleasby B
Citations:
(1875) 1 Ex D 1, [1875] 45 LJQB 50, [1875] 33 LT 697, [1875] 24 WR 58
Jurisdiction:
England and Wales
Cited by:
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 05 December 2022; Ref: scu.242334