The Battle for Broxhead Common
2020 Broxhead the missing 80 acres scorched to a cinder.
The Case for Hampshire County Council – PART 67
- Hampshire County Council was well prepared therefore, when the Commons Registration Act 1965 was finally launched.
- Section 4(a) and Section 4(b) state as follows:
“An application for the registration of any land as common land or as a town or village green may be made by any person, and a registration authority—
(a)may so register any land notwithstanding that no application for that registration has been made, and
(b)shall so register any land in any case where it registers any rights over it under this section.”
Section 5(6) states: “Where such an objection is made, then, unless the objection is withdrawn or the registration cancelled before the end of such period as may be prescribed, the registration authority shall refer the matter to a Commons Commissioner.”
Section 6, Disposal of disputed claims
(1)The Commons Commissioner to whom any matter has been referred under section 5 of this Act shall inquire into it and shall either confirm the registration, with or without modifications, or refuse to confirm it; and the registration shall, if it is confirmed, become final, and, if the confirmation is refused, become void—
(b)if such an appeal is brought, when it is finally disposed of.
(2)On being informed in the prescribed manner that a registration has become final (with or without modifications) or has become void a registration authority shall indicate that fact in the prescribed manner in the register and, if it has become void, cancel the registration.
(3)Where the registration of any land as common land or as a town or village green is cancelled (whether under this section or under section 5(5) of this Act) the registration authority shall also cancel the registration of any person as the owner thereof.
Section 10 Effect of registration
The registration under this Act of any land as common land or as a town or village green, or of any rights of common over any such land, shall be conclusive evidence of the matters registered, as at the date of registration, except where the registration is provisional only. - As you will have read the matter ceased being provisional when in 1977 on appeal by Mr Whitfield, the High Court confirmed the Chief Commons Commissioner’s decision that the whole of Broxhead Common was indeed common land with rights all over it save for five very small areas.
Broxhead Final LAND Decision 197417072020 (2)
Next time: Rights of Way Diversion Order 1973