THE TRUE MEANING OF” WASTES” OR “WASTE LANDS” OR”WASTE ROUNDS OF THE MANOR” IS THE OPEN,UNCULTIVATED AND UNOCCUPIED LANDS PARCEL OF THE MANOR OTHER THAN THE DEMENSE LANDS OF THE MANOR..

Says Tony Barnertt

WASTE LANDS NOT SUBJECT TO RIGHTS OF COMMON, SINCE THIS PHRASE IS NOT DEFINED IN THE 1965 CRA, THE COMMONS COMMISSIONER AND THE COURTS HAVE RELIED ON THE JUDICIAL DEFINITION GIVEN BY “WATSON B, IN AG-V-HANMER 1858”

THE TRUE MEANING OF” WASTES” OR “WASTE LANDS” OR”WASTE ROUNDS OF THE MANOR” IS THE OPEN,UNCULTIVATED AND UNOCCUPIED LANDS PARCEL OF THE MANOR OTHER THAN THE DEMENSE LANDS OF THE MANOR.

IN IN RE BRITFORD COMMON 1977 THIS APPROACH WAS CONFIRMED, AND THE JUDGE EXPLAINED THAT THE LAND IS PARCEL OF A MANOR IF IT IS PHYSICALLY WITHIN A MANOR AND ALSO OWNED BY THE LORD OF THE MANOR.

THIS LATER POINT WAS THE SUBJECT OF LITIGATION AS WELL, IN TWO HIGH COURT CASES (IN RE YATELEY COMMON HAMPSHIRE 1977 AND IN RE CHEWTON COMMON 1977, IT WAS HELD THAT SO LONG AS WASTE LAND HAD AT SOME TIME IN THE PAST BEEN WASTE LAND OF A MANOR, IT NEED NOT AT THE DATE OF REGISTRATION STILL BE OWNED BY THE LORD OF THE MANOR TO FALL WITHIN S22 OF THE ACT

THESE CASES WERE OVERRULED BY THE COURT OF APPEAL IN IN RE BOX HILL COMMON 1979 WHICH HELD THAT WASTE LANDS MUST BE OF A MANOR AT THE DATE OF REGISTRATION TO QUALIFY FOR REGISTRATION.

THE COURT DID NOT STATE PRECISELY THE MEANING OF THE PHRASE “OF A MANOR” BUT IT WAS CONSIDERED BY MR COMMISSIONER BADEN FULLER IN HIS DECISION IN THE MATTER OF “CRIPPLESTYE, CRANBORNE AND KING BARROW HILL, ALDERHOLT, WIMBOURNE DORSET 24th NOVEMBER 1980, THE RELEVENT PART OF HIS DECISION WAS;

…THE JUDGEMENT OF THE COURT OF APPEAL IN RE BOX HILL WAS EXPRESSED TO BE ON THE BASIS THAT THE LAND THERE UNDER CONSIDERATION HAD LONG CEASED TO BE IN ANY WAY CONNECTED WITH A MANOR… THE JUDGENEBT ALSO DEALT IN SOME DETAIL WITH THE OWNERSHIP, BUT I CAQNNOT CONCLUDE THAT THE COURT THOUGHT THAT BEING IN THE SAME OWNERSHIP EITHER FOR A LEGAL ESTATE IN FEE SIMPLE OR BENEFICIALLY IS THE SAME THING AS BEING IN SOME WAY CONNECTED OR THAT A MANOR CEASES TO BE IN SOME WAY CONNECTED BECAUSE THE LEGAL ESTATE OR BENEFICIAL INTEREST ARE SEVERED.

IN ESSENCE EVEN IF THE ESTATE HAS BEEN SOLD THE WASTE LANDS WERE STILL CONNECTED TO THE MANOR, AND ARE WASTELANDS OF THE MANOR/ MANORIAL WASTE AND AS SUCH ARE.WERE ABLE TO BE REGISTERED AS COMMON LAND