Hampshire CC v Milburn
Language: English Series: Weekly Law Reports ; (1990) 2 WLR 1240-1248(9)Publication details: 1990Subject(s): Summary: HL 10 May 1990. Appeal by council (H) from a CA order declaring that H as registration authority under Commons Registration Act 1965 were obliged to accede to applications made by M, to remove two sites from the register of common land . M`s applications were made on the ground that both areas had ceased to be common land when M had conveyed away the lordship s of the manors of which the two areas formed part of the waste land . CA allowed the application stating that it was bound to do so by a previous decision Re Box Hill Common (1980). On appeal by H, HL held that on the true construction of s22 of the 1965 Act the words " waste land of a manor" meant "wasteland now or formerly of a manor" or "waste land of manorial origin" and therefore on the conveyance of the lordships the two areas of land did not cease to be common land. Accordingly, H was not obliged to accede to M`s applications for deregistration .| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42722 (Browse shelf(Opens below)) | 1 | Available | 38565-1001 |
HL 10 May 1990. Appeal by council (H) from a CA order declaring that H as registration authority under Commons Registration Act 1965 were obliged to accede to applications made by M, to remove two sites from the register of common land . M`s applications were made on the ground that both areas had ceased to be common land when M had conveyed away the lordship s of the manors of which the two areas formed part of the waste land . CA allowed the application stating that it was bound to do so by a previous decision Re Box Hill Common (1980). On appeal by H, HL held that on the true construction of s22 of the 1965 Act the words " waste land of a manor" meant "wasteland now or formerly of a manor" or "waste land of manorial origin" and therefore on the conveyance of the lordships the two areas of land did not cease to be common land. Accordingly, H was not obliged to accede to M`s applications for deregistration .