Bettison and another v Langton and others
Series: Weekly Law Reports ; [2001] 2 WLR 1605-1621(17)Publication details: 2001Subject(s): Online resources: Summary: HL 17 May 2001. In 1968 the owners of a farm, under the Commons Registration Act 1965, registered grazing rights on the adjacent Tawna Down for 10 cattle and 30 sheep. The first defendant bought the farm in 1985. In 1987 she sold the grazing rights to the plaintiffs, without a sale of of any part of the farm. In 1994 the second defendants purchased the farm and under the Law of Property Act 1925 s62 acquired any appurtenant rights which might still be attached to it. When the second defendants applied to register their ownership of the grazing rights, the plaintiffs' application to register their ownership of the rights was still outstanding. The plaintiffs brought proceedings in the county court claiming, inter alia, that they were the owners of the grazing rights. The CA upheld the CC's decision granting the declaration sought. The second and third defendants appealed to the HL. Appeal dismissed on the grounds that appurtenant grazing rights were severable from land under the Commons Registration Act 1965 S15. Copy of full judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldjudgmt/jd010517/betti-1.htm.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS64304 (Browse shelf(Opens below)) | 1 | Available | 113928-1001 |
HL 17 May 2001. In 1968 the owners of a farm, under the Commons Registration Act 1965, registered grazing rights on the adjacent Tawna Down for 10 cattle and 30 sheep. The first defendant bought the farm in 1985. In 1987 she sold the grazing rights to the plaintiffs, without a sale of of any part of the farm. In 1994 the second defendants purchased the farm and under the Law of Property Act 1925 s62 acquired any appurtenant rights which might still be attached to it. When the second defendants applied to register their ownership of the grazing rights, the plaintiffs' application to register their ownership of the rights was still outstanding. The plaintiffs brought proceedings in the county court claiming, inter alia, that they were the owners of the grazing rights. The CA upheld the CC's decision granting the declaration sought. The second and third defendants appealed to the HL. Appeal dismissed on the grounds that appurtenant grazing rights were severable from land under the Commons Registration Act 1965 S15. Copy of full judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldjudgmt/jd010517/betti-1.htm.