1. Access Volunteers for the British Horse Society are very well trained to research and apply to add bridleways to the Definitive Map. One point which comes to mind is that employees or tenants of a landowner could not be used as witnesses. The reasons were that as employees or tenants they were beholden to their employer and could therefore feel intimidated into taking a supportive role or even otherwise as the case may be. However, here we were in 2002 and this seems to have changed!?

2. The Statutory Declaration made by Michael Roydon Porter, the Estate Manager for Headley Wood, for the purpose of supporting his boss as the owner of Broxhead Common land, does not appear to stand up to the scrutiny necessary to pass the legal estate.

Starting with Paragraph 5.1 of the document we can see that the ‘Blue Land’ refers to Broxhead Common land and is part of the land which Mr Whitfield has applied to register “but that such land does not fall in any of the deeds which have been lodged by him in connection with his application to register the Property.”

Paragraph 5.2 of this document states “Broxhead Common has been in the ownership of Headley Estates for centuries as is evidenced by the Estate records which I have studied from time to time.”

Paragraph 5.3 reiterates by saying “The Blue Land and the rest of that part of Broxhead Common which Mr Whitfield is seeking to register at HM. Land Registry (“the Common”) has always formed part of the Property, as is evidenced by the estate records.”

However, this is not supported by the maps with the sale Schedules for Headley Wood Farm in 1869, 1927, or the National Farm Survey 1942/3 or 1910 Finance Act Map.

Next time: to be continued.

All 'TCHCC' Parts so far