Re Land at Freshfields: ChD 27 Jan 1993

Where land had been registered by the Commons Commissioner as common land by virtue of a mistake, the Act provided no mechanism for the correction of that mistake. In this case it was not established that the land comprised fields which were not as such derelict, and had been part of a garden. The registration of it as common land stood.
Ind Summary 22-Feb-1993, Times 01-Feb-1993
Common Land (Rectification of Registers) Act 1989 1, Commons Registration Act 1965
England and Wales
CitedCresstock Investments Ltd v The Commons Commissioner CA 10-Jul-1992
The Commons Commissioner had included a wood within the commons. The landowner appealed.
Held: A 1933 conveyance as had referred to the land as ‘several pieces or parcels of land adjoining and enjoyed with’ the house, and it had been enjoyed . .

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Updated: 11 May 2021; Ref: scu.85810