Lewis, R (on the application of) v Redcar and Cleveland Borough Council and Anor (Record no. 81464)

MARC details
000 -LEADER
fixed length control field 02576cab a22002775a 4500
001 - CONTROL NUMBER
control field L147273
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090423e20090315xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147273
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Lewis, R (on the application of) v Redcar and Cleveland Borough Council and Anor
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 3, 15 January 2009. Case shows that it will not be possible to register land as a town or village green if the locals have consistently deferred to the landlord's use of that land. Amenity land may thus be subject to development. The appellant (L) appealed against a ruling upholding a decision of the first respondent local authority not to register certain land used by a local golf club as a town green under the Commons Act 2006 s.15. L and others had made the application for registration. A local independent inspector (C) found that, until 2002, the land had been used extensively by local inhabitants for recreational activities (lawful sports and pastimes) for the purposes of the Act. However, C also found the use was not 'as of right' because the locals had deferred to the land use as a golf course. The local authority therefore rejected the application for registration. L appealed. Held: appeal dismissed. The local people had satisfied the criteria for 'use of right' in the respect that they used the land without force, secrecy or permission. However, it is also necessary that the use be such that a reasonable landlord is effectively put on notice that the users are asserting a legal right. The users had not done so because they had consistently deferred to the owner's use. Crucially, the local people had overwhelmingly deferred to the golfers when using the land, as the inspector had found.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONS ACT 2006 S15
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOLLINS V VERNEY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CUMBERNAULD AND KILSYTH DC V DOLLAR LAND (CUMBERNAULD) LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V SUNDERLAND CITY COUNCIL EX P BERESFORD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V OXFORDSHIRE CC AND ANOTHER EX P SUNNINGWELL PARISH COUNCIL
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R(ON THE APPLICATION OF LAINING HOMES LTD) V BUCKINGHAMSHIRE CC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OXFORDSHIRE CC V OXFORD CITY COUNCIL AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEWIS, R (ON THE APPLICATION OF) V REDCAR AND CLEVELAND BOROUGH COUNCIL AND ANOR
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/3.html">https://www.bailii.org/ew/cases/EWCA/Civ/2009/3.html</a>
Public note View the case at: www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 23/04/2009   ONLINE PUBLICATION 147273-1001 06/08/2019 1 06/08/2019 Journal article