Re land at Freshfields
Re land at Freshfields
- 1993
- Property and Compensation Reports (1993) 66 PCR 9-14(4) .
ChD 27 January 1993. The appellant (F) was the owner of the property in question and some 24 acres adjoining it. Part of that land was mistakenly registered as common land under Commons Registration Act 1965. This land was separated from the main property by high hedges and had no direct access from it. It was defined in various documents as permanent pasture or grazing. On application under Common Land (Rectification of Registers) Act 1989 to remove the land from the register the Commons Commissioner concluded that he had no power to remove a registration unless the land was a garden attached to a house. F appealed but this was dismissed on the grounds that the Commissioners decision was not erroneous in law. However extensive a meaning was given to garden it could not be applied to a field of pasture. The 1989 Act did not afford a remedy for the kind of mistaken registration that had occurred.
COMMON LAND (RECTIFICIATION OF REGISTERS) ACT 1989
COMMON LAND
COMMONS COMMISSIONERS
COMMONS REGISTRATION ACT 1965
GARDENS
ChD 27 January 1993. The appellant (F) was the owner of the property in question and some 24 acres adjoining it. Part of that land was mistakenly registered as common land under Commons Registration Act 1965. This land was separated from the main property by high hedges and had no direct access from it. It was defined in various documents as permanent pasture or grazing. On application under Common Land (Rectification of Registers) Act 1989 to remove the land from the register the Commons Commissioner concluded that he had no power to remove a registration unless the land was a garden attached to a house. F appealed but this was dismissed on the grounds that the Commissioners decision was not erroneous in law. However extensive a meaning was given to garden it could not be applied to a field of pasture. The 1989 Act did not afford a remedy for the kind of mistaken registration that had occurred.
COMMON LAND (RECTIFICIATION OF REGISTERS) ACT 1989
COMMON LAND
COMMONS COMMISSIONERS
COMMONS REGISTRATION ACT 1965
GARDENS