The Battle for Broxhead Common
The Case for Hampshire County Council – PART 17
- It is settled law that commoner’s may not ‘let, lease or lend’ their rights of common. Also, all the other commoners would have had to agree to dispossess themselves of their rights to extinguish them. If this were not the case, then common land would have ceased to exist at all.
- The Commons Commissioner’s Decision is final at the date of registration, in this case that was 24th May 1978. His decision had been tested in the High Court and confirmed by the Court of Appeal. His Land Decision (1) says:
Broxhead Final LAND Decision 197417072020 (2)
- The Broxhead Commoners Association which had been created by John Ellis on 6th June 1968, was fighting for the whole common to be registered. There was no way they would have agreed to compromise the Decision by letting the land to anyone, let alone the County Council, but they were never asked for their consent!!!
- HCC published the narrative that, there were only two commoners with rights east of the B3004, one had been excluded by the High Court. The remaining commoner, Mr Connell sold his rights over the 80 acres which extinguished them. All other commoners had rights over the other side of the B3004 only.!!
- Broxhead Commoners could never understand their sudden loss of rights and access over the 80 acres which had existed for centuries.
- Nevertheless, HCC carried on regardless of the local objections by renting the remaining 100 acres from the ‘said landowner’.
- In fact, there are no pre-registration title deeds to show any ownership of the common land. On the contrary in fact.
NEXT TIME: False information can be conveyed as effectively by omission rather than written or spoken. The Commons Commissioners consider ownership of the common land.