The 1965 Act ‘was passed to give effect to the recommendations of the Royal Commission so far as registration was concerned. The Act of 1965 did not confer any general public right of access over common land and did not set up the machinery for the establishment and implementation of schemes of management and improvement. But there can be no doubt that further steps were intended to implement the recommendations of the Royal Commission and no doubt that such steps have become more, and not less, desirable.’
No new mesne Lordships can be created after 1290 in consequence of the prohibition on subinfeudation in s.1 of Quia Emptore
References: [1991] 1 AC 325
Judges: Lord Templeman
Statutes: Commons Registration Act 1965
Jurisdiction: England and Wales
This case is cited by:
- Cited – Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson ChD 22-Jan-2004
Land had been registered in part as a common. The council appealed.
Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. . .
([2004] EWHC 12 (Ch), , Times 30-Jan-04, [2004] 2 WLR 1291, [2004] Ch 253) - 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 . .
(, [2006] UKHL 25, Times 31-May-06, Gazette 08-Jun-06, [2006] 2 WLR 1235, [2006] 2 AC 674, [2006] 22 EG 177, [2006] NPC 62, [2006] BLGR 713, [2006] 2 EGLR 95, [2006] 4 All ER 817) - Cited – Walker and Another v Burton and Another CA 14-Oct-2013
The Burtons had purchased the former Hall of the village of Ireby, and been registered as proprietors of the Lordhsip of the Manor. The villagers had successfully challenged the registration. The Court now considered the circumstances in which the . .
(, [2013] EWCA Civ 1228, , [2013] EWLandRA 2007 – 1124) - 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 . .
(, [2016] EWCA Civ 446, [2016] WLR(D) 242, )
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192093 br>