The Battle for Broxhead Common
BW47 after the viaduct the BW enters woodland
The Case for Hampshire County Council – PART 75
- At this point we need to remember the statement on Page 3, first paragraph, of the Interim and FINAL Decision. It states that at some time in the past tenants of the manor were entitled to rights of common over the common, but that did not ensure the success of any, of the applicants, the subject of these disputes.
- The point being made here is that there was never any doubt that Broxhead Common is ancient common land and had been subject to manorial rights of common over its entirety. There was therefore no doubt about its qualification for registration in the Commons Register under the 1965 Commons Registration Act. However, Hampshire County Council had advised John Ellis to find the commoners and this is why the Chief Commons Commissioner had now, in addition, been asked to consider claims by individuals.
1968, HCC to John Ellis12092021 - Common rights are attached to properties, so the question being asked was if the claimants property entitled the present occupant to commoners rights either by deed of grant or prescription. The Commissioner had for the purpose of identification labelled three parts of the common A, B, C to distinguish the three owners in which the common was vested.
- The recently claimed rights would therefore be in addition to the fifteen already acknowledged on the land owned by the WD/MOD, they having withdrawn their objection. These now applied to the whole of Broxhead Common, in accordance with the FINAL Decision of the Chief Commons Commissioner.
- However, the Solicitor’s letter dated 3rd December 1974, notes that those rights had been registered on that part of the common lying to the west of the Sleaford/Lindford road. (Part 74 this series). This was misleading as after Mr Squibb’s FINAL Decision rights applied to the whole common. “the whole of the common has been established as a common in law.” It had now become registered, although subject to appeal.
1974 September Bradley Trimmer confirmation of land_000022 - It may be that there was confusion over the hearing into the modern individual claims and the existing established historical manorial rights. Not that it should have mattered as two of the modern claimants had succeeded with their claims for rights of common also, which on its own should have drawn a line under the whole matter.
BW47 the gateway out of the wood
Next time: An Appeal is announced.