000 01534cab a2200241 4500
001 ABS49177
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u70264
041 _aeng
245 _aRe land at Freshfields
260 _c1993
350 _a0
490 _aProperty and Compensation Reports
_v(1993) 66 PCR 9-14(4)
520 _aChD 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.
650 _aCOMMON LAND (RECTIFICIATION OF REGISTERS) ACT 1989
650 _aCOMMON LAND
650 _aCOMMONS COMMISSIONERS
650 _aCOMMONS REGISTRATION ACT 1965
650 _aGARDENS
690 _aLAND-CASE LAW
942 _n0
948 _c04/03/1997
999 _c44188
_d44188