TCHCC – PART 92

The Battle for Broxhead Common

The Gate, Broxhead Common junction BW46 & BW4

The Gate, Broxhead Common junction BW46 & BW4

The Case for Hampshire County Council – PART 92
  1. Another important point seems to have been missed by HCC
    BROXHEAD COMMON – WHITEHILL AND HEADLEY NO.CL.147.pdf FINAL 1974 RIGHTS.

    • In his lengthy Rights Decision, there is an interesting note from the Chief Commons Commissioner concerning ownership of Broxhead Common. (Page 5 paragraph 1). In detailing the historical conveyancing of the Manor, he tells of the division of the common into twelfths. Two of which went to Fauntleroy which he identifies as being to the northeast and southwest of the original common and ten twelfths to Thomas Brocas, then goes on to say:
  2. “How the ownership of the part of the Common to the east of the road came to be separated from the Brocas ten twelfths of the manor does not appear, but such division of the ownership could not have affected the rights of the tenants over the land on both sides of the road. Lord Sherbourne’s part of the Common was sub-divided in 1890, but the sub-division became reunited in the hands of the Secretary of State for War by virtue of conveyances made in 1902 and 1903.”
  3. This is important, because it shows that Broxhead Common on the east side of the road was not part of the Fauntleroy two twelfths and supports Dr Tavener’s 1955 survey which states that it was requisitioned by the War Department. This perhaps explains the MOD interest expressed by Dick Stillwell on 30th March 1979. (Part 7 of this series). To which there seems to be no further correspondence.
  4. Hampshire County Council however, appeared to be more focused on finding the modern rights of common, as the other superfluous Public Inquiries they initiated show. CL 304 and CL330 to name but two.
  5. Perhaps, in vindication it is well to remember that before the Internet and the wealth of knowledge that has enabled, it was no easy task and very time consuming to find the facts of any matter and local beliefs were difficult or even impossible to check with the Land Registry as to whether they were fact or fiction.
Broxhead Common west of A325 Oxney Lane

Broxhead Common west of A325 Oxney Lane

Next time: Ownership