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Says Naomi Smith

Says Naomi SmithIt is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more

The National Trust and the management
and control of common lands

"National Trust commons must be kept unenclosed and unbuilt on as open spaces for the enjoyment of the public"

Says Tony Barnett

Says Tony Barnett National Trust commons; these commons must be kept unenclosed and unbuilt on as open spaces for the enjoyment of the public:national trust act 1907 s 29 (A).

The section gives the trust general powers of draining, planting or improving the turf and trees, good behaviour bye-laws have been made by the trust and cover all its commons.

Until 1971, the trust was unable to put any buildings or fence on its commons even with the consent of the secretary of state's consent,apart from a tool shed or temporary fencing to protect growing grass or plants, but s 23 of the national trust act 1971 gives the trust the same power an any other owners or management authority of applying to the secrtary of state for his consent under 194, 1925 LPA for works/buildings( s 38 2006 CA)

The same rules as to the benifit of the neighbourhood apply as with such other other applications, the trust uses this power for purposes such as car parks etc which are deemed necessary on many of its commons,however, it should be noted that the national trust acts apply ony to commons where the trust owns the soil, in a number of cases the trust is a commoner in respect of a nearby farm it owns, in such cases the trust is in no different position from that any other commoner and has no special statutory duties in respect of the common, the fact that the trust is a right holder does not give the public the access it enjoys under s 29 of the 1907 act to commons which the trust owns. It is an offence to take fodder to livestock that has not been grown on the common land, common lands are "conservation lands" and so commoners must observe "Sans Nombre" which is balance of grazing, in the quantification of grazing rights, s 15 provides that all grazing must be quantified, but gives no guidance how this should be done, in his decision in the matter of tracts of land, Appleton-le-moors, Lastingham, Hutton-le-Hole,Spaunton and Rosedale West, North Yorkshire(269/D/283-87; (7th December 1979) the Chief Commons Commissioner held that the correct method is by rules of Levancy and Couchancy, described by Lush J in Lascelles-V-Lord Onslow (1877) 2 QBD 433 as follows: The right to turn out animals is measured by the capacity of commonable tenement to maintain; it is to turn out as many commonable animals as the winter eatage of the tenement together with hay and other produce from it during the summer is capable of maintaining.

Commoners rights do not include, "letting,allowing, selling or extinguishing the rights away from the property so registered, see 2006 act on commoners rights and obligations.

The applicant council to enclose application,they may try to use abandonment of rights by the commoners, however, this will fail unless the commoner-s have made it known they have done so: if a commoner fails to exercise their rights for many years, or does something to alter their property so that it can no longer benefit from the rights, the law may presume that they have abandoned the right, however a presumption of abandonment can be rebutted by evidence of the commoner's to keep the rights alive, but commoners cannot extinguish the rights, they are attached to the application lands and home.

The applicant for the council Ms Noyce has not filled in the section on any ownership details, so is she, acting as a member of the public seeking consent? names were mentioned but only one has admitted parts played, but cannot disclose, the parasites natural England have no locus stan-di until they have consent from a title holder owner and they can't get that, they do not have any jurisdiction, so don't be raked in by council, OSS,NT and so on, these common lands are registered where no owners with pre-registration of title deeds to show pre quo Warranto 1189 could be traced by the University of Aberystwyth on behalf of the state, so they claimant council cannot use statutes 1866 or 1876 Metropolitan acts or 1899,as for national trust act 1971-23, the trust also has no locus stan-di and therefore cannot offer that act of parliament to any one.

As afore mentioned section 29 of the national trust act 1971: the trust is oblidged by s 29 of the act 1907 to keep its commons unenclosed and unbuilt on as open spaces for the recreation and enjoyment of the public, however, the public are subject to the good behaviour bye-laws made by the trust and both trust and public must respect the rights of the commoners.

Commons subject to an access agreement or order made under the national parks and access to the countryside act 1949: eg Itchingwood common near Goldstone in Surrey, access agreements are not limited to common land but may be made for any open country which is defined in s 59(2) of the 1949 act as "Mountain.Moor,Heath,down,Cliff and foreshore, this ia a description which obviously fits quite a number of commons aswellas other lands.

An other food for thought is case history; in G&KLadenbau Ltd -V-crawley and de Reya (1978) 1WLR 266 it was held that a solicitor who negligently failed to search the registers of common land was liable to damages where a client suffered finacial loss, may be council solicitors should take head, may be they refuse to stand up in court to defend because they are aware of the false representation in defending the CEO, all court hearings I have been part of, the council hires outside barristers, she/he then acts on hearsay, there will be no evidence to pre-date 1189.

May I also submit that the rights of an owner to enclose, and this act could only be used by Lords or ladies of the Manor, this is section 219 of the 1285 act to enclose land surplus to commoners needs, this act was repealed by section 47-1 of the 2006 act, section 47-2 provides that any act of enclosure that may subsist alongside of the 1285 act 219 is prohibited

Says Linda Wright

Says Linda WrightWe moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more

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