Town and village greens — a delay in rectification of a wrong registration is not immaterial
On 5 February 2014, the Supreme Court heard a joint appeal of two cases with different facts, but with the same issue to be decided.
If a significant number of inhabitants of a locality (or neighbourhood within a locality) have used land for lawful sports and pastimes as of right for at least 20 years, they may seek to register the land as a town or village green (TVG) under the Commons Act 2006. Prior to 2006, the procedure was set out in the Commons Registration Act 1965. If registration was wrongly made, however, an application can be made under section 14(b) of the Commons Registration Act for the register to be rectified. The shared issue for the Supreme Court to decide was whether a lapse of time has an effect on an application to rectify the register.
The first appeal involved a piece of land in Huddersfield. An action group had successfully applied for the land to be registered as a village green in 1996. The land was sold in 2005 and the new owners sought to rectify the register in 2010, 14 years after it was first registered as a village green. The High Court held that the land had been wrongly registered as a village green because it had not been used by inhabitants from a single locality. The Court of Appeal agreed it had been wrongly registered but held that the delay in seeking rectification made it unjust to rectify the register…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
What’s coming up: the major cases, government policy changes, and litigation and dispute resolution legislation to look out for in 2015
We know that it is important for businesses to be aware of upcoming legal and regulatory changes, so that they can plan ahead. View Walker Morris’s summary of some of the key upcoming decisions in major cases, changes to government policy and forthcoming legislation relating to litigation and dispute resolution in an easy-to-use table by clicking the link below: http://www.walkermorris.co.uk/whats-coming
The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.