The Battle for Broxhead Common
Broxhead the missing 80 acres scorched to a cinder
The Case for Hampshire County Council – PART 56
The Statutory Declaration of Michael Roydon Porter for the Land Registry dated 6th December 2001 continued:
Paragraph 5.11, the Consent Order, and a Lease dated 5th March 1980 from Mr Whitfield to Hampshire County Council are shown to Michael Porter. There seems to be a difference between the date of the lease in paragraph 5.9, to that stated above of nearly two years.!?
- The Register of Common Land entry for the removal of the 80 acres is dated 1st August 1979. It states that: “the land registration at entry no. 3 above, which was disputed, became final on 24th day of May 1978, in pursuance of Section (6) of the Commons Registration Act 1965, with the following modifications, namely with the exclusion of the land hatched red on the plan marked C1 attached to Sheet 89 of the register map.”
C1 is a plan drawn by HCC itself. It is not in accordance with the Final decision of the Chief Commons Commissioner. - “The above entry has been made in accordance with the Final Disposal Notice signed by the Chief Commons Commissioner and dated 18th day of December 1978.” Except that in law no modifications could have been made after the final registration on 24th May 1978! So, was the delay between when the lease was said to have been started and when it actually did in March 1980, in order to accommodate the statement that the Chief Commons Commissioner told them to extract the 80 acres; even though it is something that he would not and could not do?
1979 Broxhead Registration LAND22082020
CCC’s notes alterations to the register - Paragraph 5.13 “Neither I nor Mr Whitfield hold any deeds or documents relating to the Common including the Blue Land, and there are no restrictive covenants, liens or instruments creating charges or any other adverse rights or leases which affect the land or any part of it except for such of which particulars are referred to above.” The Chief Commons Commissioners Land decision either has not been read or not understood. There are 20 verified commoners with rights over the whole common.
Broxhead Final LAND Decision 197417072020 (2)
Broxhead-Common
Next week: The Statutory declaration of MRP to be continued.