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Ministry of Defence v Wiltshire CC

Language: English Series: All England Law Reports ; (1995) 4 AllER 931-938(8)Publication details: 1995Subject(s): Summary: ChD 3 May 1995. Since at least 1962 resident employees and their children have used open land owned by the plaintiff (MoD) for recreation and sports. In 1992, one resident applied to register the open land under Commons Registration Act 1965 s13a as a village green. The local authority (W) granted the application. MoD applied for an order to have the amendment deleted on the grounds that the residents had not established any user of right for a period of not less than 20 years, that a village green could not be created by the exercise of rights by an undefined body of persons, and that there had not been 20 years` continuous user prior to application. Application granted.
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Law report London Journal article ABS54186 (Browse shelf(Opens below)) 1 Available 8934-1001

ChD 3 May 1995. Since at least 1962 resident employees and their children have used open land owned by the plaintiff (MoD) for recreation and sports. In 1992, one resident applied to register the open land under Commons Registration Act 1965 s13a as a village green. The local authority (W) granted the application. MoD applied for an order to have the amendment deleted on the grounds that the residents had not established any user of right for a period of not less than 20 years, that a village green could not be created by the exercise of rights by an undefined body of persons, and that there had not been 20 years` continuous user prior to application. Application granted.