Lewis and others v Mid Glamorgan CC and others
Lewis and others v Mid Glamorgan CC and others
- 1995
- All England Law Reports (1995) 1 All ER 760-780(21) .
HL 2 February 1995. In 1970 MG`s predecessor compulsorily purchased a plot of registered common land for use as a reservoir, as sanctioned by the enabling Mid Glamorgan Water Act 1968. Commoners were subsequently compensated for their loss of rights, but, by the terms of the Commons Act 1876 no inclosure was permitted. Plans for the reservoir were abandoned and development of a golf course proposed by MG. When, in 1985, MG applied for the land to be removed from the register, arguing that it was no longer common land as rights of common had been extinguished, the commoners challenged it in the courts. The HL overturned MG`s subsequent appeal ruling that although commonable rights had been extinguished, the land remained common land as the inclosure was sanctioned only for specified works only.
COMMON LAND
COMMONABLE RIGHTS
COMMONERS RIGHTS
COMMONS ACT 1876
COMMONS REGISTRATION ACT 1965
COMMONS REGULATION PROVISIONAL ORDER CONFIRMATION ACT 1919
COMPENSATION
Compulsory purchase
EXTINGUISHMENT
RIGHTS OF COMMON
WASTE LAND OF A MANOR
HL 2 February 1995. In 1970 MG`s predecessor compulsorily purchased a plot of registered common land for use as a reservoir, as sanctioned by the enabling Mid Glamorgan Water Act 1968. Commoners were subsequently compensated for their loss of rights, but, by the terms of the Commons Act 1876 no inclosure was permitted. Plans for the reservoir were abandoned and development of a golf course proposed by MG. When, in 1985, MG applied for the land to be removed from the register, arguing that it was no longer common land as rights of common had been extinguished, the commoners challenged it in the courts. The HL overturned MG`s subsequent appeal ruling that although commonable rights had been extinguished, the land remained common land as the inclosure was sanctioned only for specified works only.
COMMON LAND
COMMONABLE RIGHTS
COMMONERS RIGHTS
COMMONS ACT 1876
COMMONS REGISTRATION ACT 1965
COMMONS REGULATION PROVISIONAL ORDER CONFIRMATION ACT 1919
COMPENSATION
Compulsory purchase
EXTINGUISHMENT
RIGHTS OF COMMON
WASTE LAND OF A MANOR