A purchaser found that he was restrained from building on his land which interfered with a legal but ‘ancient and outmoded’ right to hold a fair on the land on Fridays in Whitsun Week in every year.
Held: At common law the principle is clear that after land has been legally declared to be a green that, ‘once a Green, always a Green’.
Citations:
[1963] Ch 243, [1962] 3 All ER 309
Jurisdiction:
England and Wales
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. . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 16 May 2022; Ref: scu.192094
