A right of common was accepted over land to play cricket and other games on 160 acres of Stockbridge Common Down. The owner applied to prevent a local trainer from exercising his horses over the land. The trainer claimed that he had a customary right to train his horses over the common.
Held: The customary right asserted had not been established. However, the inhabitants of the borough did have the right to ride their horses for recreation over any part of the 160 acres. A second claim against villagers who asserted a right to meet on the land and to run fetes and cricket matches failed, since customary rights were established.
Judges:
Wright J
Citations:
(1894) 10 TLR 310
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: 04 May 2022; Ref: scu.242324
