000			02010cad a22002295a 4500
001			L143459
008			080513e20080318xxk f v 000 0 eng d
035			_a(Sirsi) u143459
041	0		_aeng
245	0	0	_aMichael Housden and another v The conservators of Wimbledon and Putney commons _h[electronic resource]
260			_c2008
520			_a[2008] EWCA Civ 200, 18 March 2008. Considers whether the Wimbledon and Putney Commons Act 1871 granted the conservators of those commons the right to grant an easement as a right of way over part of the commons. The appellants (H) argued that the Act gave the respondent conservators of the commons (C) the power to register an easement reflecting H's open use of part of the commons, by foot and vehicle for access to their property, for over 40 years. C appealed against the decision of the Land Registry adjudicator and the judge on appeal that the Act did not grant C this power and therefore the acquisition of prescriptive right of way was barred to H. "Held": The Act contained the need to conserve the commons for the purposes of an increasing local population without alienating parts of the commons from that population. The granting of an easement for access only did not run contrary to that purpose. It would not constitute unlawful disposal of part of the commons. The judge noted that if access rights were not granted this would run contrary to the rights of acquisition offered by the Prescription Act 1832 section 2. Appeal allowed.
590			_aKA
650	2	4	_aHOUSDEN AND ANOTHER V THE CONSERVATORS OF WIMBLEDON AND PUTNEY COMMONS
650	2	4	_aSTAFFORDSHIRE AND WORCESTERSHIRE CANAL NAVIGATION V BIRMINGHAM CANAL NAVIGATIONS
650	2	4	_aWIMBLEDON AND PUTNEY COMMONS ACT 1871
650	2	4	_aPRESCRIPTION ACT 1832 S2
651		4	_aEngland and Wales _y1543-
690			_aBoundary disputes _96221
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/200.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c80189 _d80189