Horseytalk.net/Hoofbeat EXCLUSIVE
RIDER RIGHTS
Chorleywood Common
Tony Barnett writes to Yvonne Merritt, Clerk to the Council
The Legal Background
Says Tony Barnett
THE 2006 COMMONS ACT SUBSTANTIALLY RE-ENACTED THE 1965 COMMONS REGISTRATION ACTS, AND REPEALED SOME OLDER ACTS.
COMMONERS RIGHTS:- A COMMONER MY NOT- "LET,LEASE,SELL OR EXTINGUISH THE RIGHTS OF COMMON THAT ARE ATTACHED TO THE PROPERTY"
A COMMONER MAY ALLOW ANOTHER COMMONER TO USE HIS/HER RIGHTS AS SET OUT ON HIS/HER REGISTER OF RIGHTS BUT MAY NOT "AGIST" A PERSON, WITH LAWFUL TITLES DEEDS TO OWN COMMON LAND IS ENTITLED TO "QUASI RIGHTS"
ACTS; 2006 ACT OF REPEAL- SECTION 219 OF THE 1285 ACT OF RIGHTS BY LORDS OF THE MANOR TO ENCLOSE COMMON LAND, SURPLUS TO THE REQUIREMENTS OF THE COMMONERS, HAS BEEN REPEALED UNDER SECTION 47-1.
SECTION 47-2 OF THE ACT ABOLISHES ANY POWER OF APPROVEMENT/ENCLOSURE AT COMMON LAW WHICH MAY SUBSIST ALONGSIDE THE 1285 ACT.
THE PRESCRIPTIONS ACT 1832;- THE DOCTRINE OF THE PRESCRIPTIONS ACT 1832 IS THAT A RIGHT HAS BEEN EXERCISED FOR VERY MANY YEARS AND THE LAW WILL PRESUME THAT IT HAS BEEN EXERCISED SINCE 1189 AND FULLY EXISTS, HOWEVER AT COMMON LAW NO SET PERIODS FOR EVIDENCE OF EXERCISE OF RIGHTS ARE LAID DOWN, BUT A CLAIM COULD BE DEFEATED BY SHOWING IT CAME INTO EXISTENCE AFTER 1189. THE PRESCRIPTIONS ACT PROVIDES FOR TWO PERIODS OF 30 YEARS AND ONE OF 60, THESE RIGHTS MUST HAVE BEEN GAINED WITHOUT FORCE OR DECEPTION OR BY REQUEST TO USE THE LAND.
12TH MAY 1290 THE STATUTE "QUO WARRANTO" ESTABLISHES THE CONCEPT OF TIME IMMEMORIAL IN ENGLISH LAW DATING IT TO THE ACCESSION OF RICHARD 1 ENGLAND 1189
8TH JULY THE "STATUTE QUIA EMPTORIES" IS PASSED REFORMING THE FEUDAL SYSTEM OF LAND LEASES AND ALLOWING THE SALE OF FEE(FROM FIEF) SIMPLE ESTATES, NO NEW MANORS WERE MADE/CREATED AFTER THAT DATE.
NEW ACTS; SCHEDULE 4 PARAGRAPH 6 PROVIDES THE PUBLIC WITH THE POWER TO "ENFORCE" AGAINST UNLAWFUL WORKS ON COMMON LAND.
Commons Register for Chorleywood Common unit number CL44
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