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RIDER RIGHTS

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Says Sandra SmithSays Sandra Smith

The speed required to ensure that a gate closes is greater than the velocity required to amputate a finger, crush a child or the head of a dog, trap a push or wheelchair, or – literally - tear a hole in the side of a horse ......... read more

A Briefing by Tony Barnett
The History of Law

Says Tony Barnertt

Says Tony BarnerttIN 300AD THE ROMANS CREATED THE FIRST ENGLISH LAW GOVERNING RIGHTS.

UNTIL THIS POINT ONLY PHYSICAL PROPERTY HAD BEEN GOVERENED BY LAW, THUS; IF YOU HAVE SOMETHING IN YOUR POSSESSION IT IS YOURS, "RIGHTS" WERE ADDED TO PHYSICAL PROPERTY UNDER THE SAME RULES.

1189 THE STATUTE OF WESTMINSTER SET THE BASELINE DATE FOR "TIME IMMEMORIAL" AS THE 6th JULY 1189, BEING THE ACCESSION OF KING RICHARD 1 (RICHARD THE LIONHEART).

BEFORE STATUTES OF LIMITAIONS THIS WAS THE DATE THAT OWNERS OF LANDS HAD TO PROVE THEIR OWNERSHIP BY DEEDS.

PHYSICAL LANDS NOW UTILISES THE LIMITAION ACTS ACT 1980 BUT MANORIAL TITLES, "INCORPOREAL HEREDITAMENTS" ARE SPECIFICALLY EXCLUDED SO REVERT TO THIS DATE..

1290 STAUTE OF "QUIA EMPTORIES" BROUGHT TO AN END THE POWER TO CREATE NEW MANORS, THE CROWN WAS EXCLUDED.

1585, MORRIS-V-SMITH & PAGET Cro.ELIZ, 38- JUDGEMENT STATED THAT A MONOR COULD NO LONGER BE CREATED BY A COMMON PERSON NOR BY THE QUEEN ( QUEEN ELIZABETH 1).

THIS MEANS THAT THE LAW OF PRESCRIPTION CANNOT APPLY TO LORDSHIP RIGHTS.

1660 THE ABOLITION OF TENURES ACT, BARONS AND LORDS UNTIL THIS TIME COULD EITHER BE REQUIRED TO PAY MONEY OR PROVIDE A SERVICE " FRANKALMOIGN" TO THE CROWN.

THIS ACT OF PARLIAMENT REMOVED THE REQUIREMENT OF PROVIDING SERVICES AND CONVERTED ALL OF THE SERVICE INTO PAYMENTS OF MONEY, HOWEVER,THIS ACT DID NOT ABOLISH FEUDAL TITLES AS SOME WOULD HAVE YOU BELIEVE.

ROOKE-V-LORD KENSINGTON- CONVEYANCE DEEDS MUST SPECIFICALLY REFER TO THE RIGHTS TO THE LORDSHIP OF THE MANOR TO CONFIRM THAT THEY ARE BEING TRANSFERRED.

1864 DELACHERIOS-V-DELACHERIOS, CASE 62 BY LORD ST LEONARDS-LAND SOLD OFF FROM A MONOR WOULD NO LONGER HAVE RIGHTS AS A MONOR, IT WAS NOW FREEHOLD LAND.

1922, THE LAW OF PROPERTY ACT- THE MAIN PURPOSE OF THIS ACT WAS TO PREPARE PHYSICALLY LAND FOR COMPULSOR LAND REGISTRATION, MANORIAL RIGHTS WERE SEPARATED FROM THE PHYSICAL LAND AND FROM NOW ON HAD TO BE CONVEYED BY A SEPARATE CONVEYANCE DEED.

1925 BEAUMONY-V-JEFFERY CH-1 CONFIRMED THERE WAS NO REQUIREMENT FOR THE LORD OF THE MANOR TO RETAIN MANORIAL RECORDS, THIS IS TO BE OVERTURNED BY AMENDING LEGISLATION ADDED TO THE LAW OF PROPERTY ACT 1922.

INDIRECT EFFECTS ARE IMPORTANT MAINLY IN THE FORM OF OBSTACLES WHICH PROPERTY LAW GRADUALLY EVOLVED TO OVERCOME BUT MOST WERE REMOVED N 1925, ABOLITION TOOK PLACE IN 6 STAGES; THE PROHIBITION OF NEW FEUDAL GRANTS IN 1290, THE FREEDOM TO MAKE A WILL IN 1540, THE ABOLITION OF NONE-MONEY PAYMENTS 1660, THE OBSOLESCENCE OF MONEY PAYMENTS, THE REMOVAL OF THE PERSONAL ALLEGIANCE OF THE TENANT TO THE DROWN DURING C 19th AND THE ABOLITION OF VARIANT FORMS OF TENURE IN 1925.

THIS THEN LEAVES; THE CROWN IS THE ULITAMTE OWNER OF ALL LANDS, THE CROWN OCCUPIERS A DISTINCTIVE POSITION WITH ABSOLUTE OWNERSHIP, THOUGH SUBJECT TO SPECIAL STATUTORY REGIMES.; ORDINARY LAND OWNERS HOLD FROM THE CROWN; "THIS IS A TENURE CALLED FREEHOLD SOCGAE TENURE; THERE ARE NO PRACTICLE SERVICES AND LAND OWNERS DO NOT OWN LAND DIRECT BUT RATHER AN INTEREST IN THE LAND CALLED AND ESTATE.

IN VERU LIMITED AND EXCEPTIONAL CIRCUMSTANCES "ONE IN A MILLION" FEUDAL THEORY MAY MAKE AN ENORMOUS DIFFERENCE, TYPICALLY IN CASES INVOLVING FORESHORE,COMMONS, OR CROWN LAND BUT IN MOST CASES IT IS COMPLETLY IRRELEVANT

MIGHT BE OF SOME INTEREST TO ONE OF YOU?

Says Maureen Comber

Says Maureen ComberI have been given an ASBO by the Hampshire County Council for standing up for riders rights.

How many other people have been silenced by Hampshire County Council? ........... read more

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