Court Judgements

Town and Village Green cases

Unreasonable for a local authority to allow 13 months for an application to be put right.

The Supreme Court held that a playing field which had been maintained by the local authority under the Housing Act 1985, s.12 and used by the local inhabitants as a recreation ground for more than 50 years could not be registered as a town or village green as use had not been 'as of right'.  N.B. Judgement in R (on the application of Beresford) v Sunderland City Council 2003 was flawed and can no longer be relied upon.

where land should not have been registered as a green because it had not been used by the inhabitants of a single locality, and the registration could not have been supported on other grounds when the application to register was made, it was just to rectify the register under the Commons Registration Act 1965 s.14 by removing the registration.

Open space appropriated by a local authority under section 122 of the Local Gov't Act 1972 may be used in accordance with a planning permission notwithstanding its subsequent registration as a town or village green. 

Deciding that vesting of 'unclaimed' town or village green in town council under section 8 of the 1965 Act terminated an existing trust established for the management of the land (notwithstanding that the town council was the trustee).

in establishing whether there is a significant use of a claimed town green at Warneford meadow, by the inhabitants of a neighbourhood within a locality, the registration authority may disregard any use by persons from outside the claimed neighbourhood.

The appeal was dismissed but please see below for details of the High Court case.

challenge to registration of a town green under section 15 of the Commons Act 2006 where land used as a golf course. Deference of users to those playing golf does not mean that the use was not 'as of right'. The Court of Appeal, 2009 and the High Court, 2008 judgements for this case are also available.

the meaning of a 'locality' and 'neighbourhood' in the context of the registration of a new town green at Yeadon banks.

a review under s.14 of 1965 Act of the council's decision to register a TVG in response to an application made under s.13 prior to the CROW amendment taking effect. Please note this case follows on from two earlier Betterment cases (in the High Court & Court of Appeal), and does not replace them. Also see 2012 case.

this case concerns the legal definition for a greens registration application made in 1997 and the consideration of evidence for a challenge to registration under section 14 of the Commons Registration Act 1965. The High Court 2007 judgement for this case is also available.

where an informal inquiry was held into a rights of way dispute at the instigation of the highway authority, was the authority obliged to consult  the parties in deciding to reject the recommendation of the inspector and reach a different decision?

 in this case the court declined to give a ruling on the status of land as a new green leaving it to the registration authority to decide the application.

registration of town green under section 13 of the Commons Registration Act 1965.  Also available from the Parliament website. The Court of Appeal, 2005 and the High Court, 2004 judgements for these cases are also available.

registration of village green under section 13 of the Commons Registration Act 1965 (role of registration authorities and Commons Commissioners in determining applications).

registration  of village green under section 13 of the Commons Registration Act 1965 (use of land 'as of right'). Also available from the Parliament website. 

registration of village green under section 13 of the Commons Registration Act 1965.

vehicular access over village green.

registration of village green under section 13 of the Commons Registration Act 1965 (use of land 'as of right'). Also available from the Parliament website.

dedication and use of claimed rights of way 'as of right' (rights of access under section 193 of the Law of Property Act 1925).

deregistration of village green under section 13 of the Commons Registration Act 1965.

Common Land cases

Easement, right of way, prescription, defendant conservator of common land agreeing to grant easement and associated rights tio interested party.

Concerning the exercise of rights of common

JR of a decision by the Welsh Ministers to refuse a s.147 exchange for a wind farm.

Right of common of grazing - Commons Act 2006 - Registered rights over more than one common - Interpretation. The High Court judgement for this case is also available ADM Milling Ltd v Tewkesbury Town Council & Others (High Court, 2011)- Commons - right of common - right of sole vesture - claimant company acquiring land previously subject to rights of public access - claimant seeking declarations as to whether such rights still existing over land by virtue of section 193 of the Law of Property Act 1925.

whether the owner of a farm had reserved the rights of common out of the grant of a tenancy, and whether a commoners association could enter into a waiver of the exercise of the rights of common on behalf of all the commoners without express authorioty to do so. (Grant of leave to appeal in 2008 is also available).

A prescriptive right based on 40 years use of an access way across common land could be aquired under section 2 of the Prescription Act 1832 even though the servient owners had no statutopry powers to dispose of 'the commons'. (The High Court judgement for this case is also available).

application for consent for works on common land under section 194 of the Law of Property Act 1925 - whether a public inquiry must be held.

supplementary feeding on, and vehicular access by commoners over, common land.