TCHCC – PART 73

By admin | Published 03/10/2022

The Battle for Broxhead Common

BW47 the remains of treefall obstructs the definitive line of the BW

BW47 the remains of treefall obstructs the definitive line of the BW

The Case for Hampshire County Council – PART 73
  1. The hearing before the Chief Commons Commissioner, G. D. Squibb QC, moved, after a couple of days, from Winchester to London where it continued on and off for another ten days until 19th June 1974.
    1974 The Interim Decision of the CCC_000020
  2. 26th August 1974 an interim decision is published. Let us take a look at some of the pertinent points therein.
    • Page 2, last paragraph confirms the extent of the common land BOTH sides of the B3004 Sleaford – Lindford road.
    • Page 3, first paragraph makes clear that he is addressing the claimed rights of individuals. The general rights that at some time in the past tenants or the manor were entitled to rights of common does not ensure success for the individual claimants of rights of common.
    • Page 4, fourth paragraph, ‘Free Pieces’ probably means they were free of Forest rights.
    • Page 5, 1st paragraph, “How the ownership of part of the common to the east of the road came to be separated from the Brocas ten twelveths of the manor does not appear, but such division of ownership could not have affected the rights of the tenants over the land on both sides of the road.”
    • Page 6 third paragraph, the MOD admit the rights of common.
    • Page 6/7, states the whole of the registered area as common land.
    • Page 9 paragraph 2, confirms ownership of the common had extinguished any claim to rights.
    • Page 10 last paragraph, confirms rights of common for Trottsford Farm.
    • Page 11 third paragraph. States the conveyance of a farm , by the owner of the farm and a common, which does not in terms convey any right of grazing on the common, will carry with it a right to graze the number of animals which the tenant had been entitled to graze under the tenancy agreement.
    • Page 14 first paragraph. Mr Squibb makes a note that he is aware of Mr Whitfield’s cause!!
    • Page 15. Mr Connell and Mrs Cooke are confirmed as rights holders.
BW47 looking back up to the field crossing

BW47 looking back up to the field crossing

Next time: The Verdict and the Costs