The Court was asked whether part of the working port of Mistley has been properly registered as a town or village green.
Held: The 19th century statutes, as applied to a registered modern green, are not to be construed as interfering with the rights of the landowner to continue pre-existing uses so far as not inconsistent with the uses which led to registration
Judges:
Lord Justice Lewison
Lord Justice Lindblom
And
Lord Justice David Richards
Citations:
[2018] EWCA Civ 2172, [2019] Ch 243, [2019] 3 All ER 312, [2018] 3 WLR 1926, [2019] 1 P and CR 20
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Lancashire County Council, Regina (on The Application of) v SSEFRA and Another SC 11-Dec-2019
Two appeals as to the circumstances in which the concept of ‘statutory incompatibility’ will defeat an application to register land as a town or village green where the land is held by a public authority for statutory purposes. In the first case, . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 15 May 2022; Ref: scu.625424