TCHCC – PART 89

By admin | Published 04/02/2023

The Battle for Broxhead Common

Broxhead CL147 BW46

Broxhead CL147 BW46

The Case for Hampshire County Council – PART 89
  1. 22nd June 1978. The County Secretary of Hampshire County Council gave a report to the Land-Sub Committee endorsing the terms of a settlement of dispute, in which the County Council have been involved as Commons Registration Authority under the 1965 Act. I have attached the report with my comments but of note is that none of the Respondents realised that it was ultra vires because:
    1978 HCC Report of County Sec. 22.06.78 WITH MY NOTES 16082020_0001
  2. The matter of the registration of Broxhead Common became FINAL after the appeal in the High Court by Mr Whitfield as per (Sec. 6,7,10 CRA 1965). See below and Part 3 and Part 90 of this series.)
  3. 6 Disposal of disputed claims
    Broxhead Registration Sheet LAND 22082020

    1. (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—
    2. (a) if no appeal is brought against the confirmation or refusal, at the end of the period during which such an appeal could have been brought.
    3. (b) if such an appeal is brought, when it is finally disposed of.
    4. (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.
    5. 7 Finality of undisputed registrations
    6. (1) If no objection is made to a registration under section 4 of this Act or if all objections made to such a registration are withdrawn the registration shall become final at the end of the period during which such objections could have been made under section 5 of this Act or, if an objection made during that period is withdrawn after the end thereof, at the date of the withdrawal.
    7. (2) Whereby virtue of this section a registration has become final the registration authority shall indicate that fact in the prescribed manner in the register.
    8. 10Effect of registration
    9. 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.

Next time: Possession of the common land at all costs especially the fenced 80 acres