Archive for the 'commons' Category

Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) – WLR Daily

Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59

“The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. It was not necessary to impose a further test as to whether it would have appeared to a reasonable landowner that the local inhabitants were asserting a right to use the land for the lawful sports and pastimes in which they were indulging. If confronted by such use over a period of 20 years, it was reasonable to expect a landowner to resist or restrict the use if he wished to avoid the possibility of registration.”

WLR Daily, 3rd March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Supreme court preserves Coatham Common from housebuilding – The Guardian

“Britain’s highest court today overturned a series of rulings and backed a campaign to save an undeveloped oasis on industrial Teesside as a village green.”

Full story

The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Beverley Freemen Act 2010

Beverley Freemen Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

R (Lewis) v Redcar and Cleveland Borough Council – WLR Daily

R (Lewis) v Redcar and Cleveland Borough Council; [2008] WLR (D) 246

“Where, in relation to a question whether user of land had been user as of right, the issue of deference arose as between a landowner and other people making use of the land, the question was how the position would have appeared to the landowner, rather than to the other users, and what would matter to the landowner would be the fact of deference, not the reasons for it.”

WLR Daily, 22nd July 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Betterment Properties (Weymouth) Ltd v Dorset County Council – Times Law Reports

Betterment Properties (Weymouth) Ltd v Dorset County Council

Court of Appeal

“On an application to the High Court to remove from the register land which had been registered as a town or village green, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

The Times, 13th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Betterment Properties (Weymouth) Ltd v Dorset County Council – WLR Daily

Betterment Properties (Weymouth) Ltd v Dorset County Council [2008] EWCA Civ 22; [2008] WLR (D) 37

“On an application to the High Court to remove land from the register of town and village greens, the parties could adduce whatever evidence they wished, subject to the court’s exercise of its case management powers.”

WLR Daily, 8th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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