TCHCC – PART 51 b continued

The Battle for Broxhead Common

A wire fence blocks off use along the old road to Lindford

A wire fence blocks off use along the old road to Lindford

The Case for Hampshire County Council – PART 51 b continued
  1. 4th June 2001. ALR1 replied to the Solicitor at AJG on whether they had heard from Hampshire County Council. He says:
    “The Registry has heard nothing back from the County Council about Boxhall[sic] Common, but we would not expect to. As I understand it, the procedure is a one-way notification by the Registry to the Council of the fact of the registration of the title to the land under the Land Registration Acts.”
  2. ‘Following further correspondence AJG provided a Statutory Declaration made by Mr MRP on 6th December 2001 who had been the Estate Manager since 1962. The Declaration deals with a number of the issues that had been raised in ALR1’s letters, but I shall only refer to those points which appear to relate to the ownership of two small parts of Broxhead Common. MRP said in his declaration.
    • He referred to one of the Land Registry plans (attached to the Declaration) which showed two areas of land tinted blue, both of which lay to the East of the A325 and Southeast of the New Inn
    • He had been told and believed that both pieces of land were included in the application for first registration but that they did not fall within any of the title deeds which had been lodged.
    • Apart from the land which formed part of Tollgate House, this land (the Blue Land) comprised part of Broxhead Common, which had been in the “ownership of the Headley Estate for centuries as is evidenced by the estate records”,
    • The position had been looked into in the 1970’s and had been the subject of court action because an application had been made under the Commons Registration Act 1965 to seek a declaration whether certain people had common rights over the Common (including the Blue Land).
  3. IR then notes that she had not found any evidence in the files that Land Registry did in fact send any notification to Hampshire County Council!!
Part of the old road to Lindford a great loss of amenity

Part of the old road to Lindford a great loss of amenity

The old road behind the logs

The old road behind the logs

2018 Replacing the logs on the track to Lindford

2018 Replacing the logs on the track to Lindford

Next time: Land Registry continued.