The Battle for Broxhead Common
The Case for Hampshire County Council – PART 51 a continued
- 6th December 2001, ALR1 continues:
“The roads and footpaths in this title are subject to public rights of way.” ‘The alternative would have been for us to serve notice on the local highway authority in respect of long lengths of road, with consequent further delay.’ - To me that was jaw dropping information, but he goes on:
- ‘Part of the land had been conveyed for the seller’s estate, right and interest and evidence had been lodged in the form of a 1962 Statutory Declaration. He asked for an up-to-date declaration to be provided. Part of the land for which they had applied (identified on one of the plans to the letter) fell within the fenced extent but did not fall within any of the title deeds (except the 1970 Conveyance) and no Statutory Declaration of any age had been lodged – if the solicitors wished the necessary wording could be included in the up-to-date declaration he had already asked for.’
- “As Broxhead Common, or at least part of it, forms part of your application, notice has been served on the County Council as registration authority under the Commons Registration Act 1965 in accordance with the established procedure. Once I have the Declaration/s requested above, and provided they are satisfactory, the mapping of your application can be completed fairly promptly, whereupon your application will be referred for executive examination, which may give rise to further requisitions.”
- It seems the solicitor at AJG became ill and the matter was taken over by a colleague. There was a long delay in providing a full response to ALR1’s letter and correspondence passed between AJG and Land Registry while the new solicitor familiarised herself with the case. In one of her letters dated 31st May 2001, she asked whether, “with regard to Broxhead Common, please advise us as to whether you have received any communication from the Local Authority”?
Next time: We hear more from ALR1.