The claimant sought an order to prevent the respondent erecting a building on Greenham Common. The respondent had argued that the rights of common had been removed by conveyance and the land was not registered as a common.
Held: ‘under no conceivable circumstances could Miss Howse establish that the building of the enterprise centre on the site where it is proposed to build it would interfere with any of the rights granted to her by the 1938 conveyance.’ The real burden of the complaint was as to the threat to the common as a whole. That threat arose independently and through earlier conveyances.
Citations:
[1998] EWCA Civ 655
Statutes:
Jurisdiction:
England and Wales
Land
Updated: 18 November 2022; Ref: scu.144133
