Cresstock Investments Ltd v Commons Commissioner
Cresstock Investments Ltd v Commons Commissioner
- 1992
- Weekly Law Reports 1992 1 WLR 1088-1094(7) .
ChD 11 May 1992. The owner of a dwelling house with ancillary land acquired in 1964 objected under s1(1) of the Common Land (Rectification of Registers) Act 1989 to its inclusion on the register of common land maintained by the council on grounds that the land was part of the garden of a private dwelling house within s1(2) of the Act and it had been so since 1945. A conveyance of the dwelling house and ancillary land to a predecessor in title in 1933 referred to the dwelling and several pieces of parcels of land adjoining and enjoyed therewith. A commons commissioner in carrying out an inspection of the site under s1(4) of the Act found the greater part of its to be overgrown woodland to which the public would have access decided that s1(2) of the Act had not been fulfilled since 1945. However, it was held that there was nothing in the 1933 conveyance to suggest that references to the land meant other than land ancillary to the dwelling house as defined in s1(2) of the Act and that u
ANCILLARY TO DWELLING HOUSE
COMMON LAND (RECTIFICATION OF REGISTERS) ACT 1989
COMMON LAND
GARDENS
INCLUSION OF LAND
REGISTRATION
ChD 11 May 1992. The owner of a dwelling house with ancillary land acquired in 1964 objected under s1(1) of the Common Land (Rectification of Registers) Act 1989 to its inclusion on the register of common land maintained by the council on grounds that the land was part of the garden of a private dwelling house within s1(2) of the Act and it had been so since 1945. A conveyance of the dwelling house and ancillary land to a predecessor in title in 1933 referred to the dwelling and several pieces of parcels of land adjoining and enjoyed therewith. A commons commissioner in carrying out an inspection of the site under s1(4) of the Act found the greater part of its to be overgrown woodland to which the public would have access decided that s1(2) of the Act had not been fulfilled since 1945. However, it was held that there was nothing in the 1933 conveyance to suggest that references to the land meant other than land ancillary to the dwelling house as defined in s1(2) of the Act and that u
ANCILLARY TO DWELLING HOUSE
COMMON LAND (RECTIFICATION OF REGISTERS) ACT 1989
COMMON LAND
GARDENS
INCLUSION OF LAND
REGISTRATION