Continuing with the Statutory Declaration of Michael Roydon Porter:

Paragraph 8.3. Mr Porter says, “Part of the land edged blue comprises the Common as demised in the Lease to Hampshire County Council…. The remainder comprises enclosed fields known as Lower Forty Acres, Top Forty Acres, Seventeen Acres and Twenty-Five Acres.” Together the latter constitute the lost 80 acres of Broxhead Common!
2002 Plan with MRP Statutory Declaration Adobe Scan 17 Dec 2021

Paragraph 8.4 describes how the ‘said fields’ were owned by Mr Whitfield. “The fields are all properly fenced, Lower Forty Acre Field and the Top Forty Acre Field being fenced together, and they are all currently used as pasture. They are mainly grazed by sheep. At some time in the past some of the land has been used for arable purposes.”
Unlikely given the soil type, but it also describes a small area of woodland on the eastern boundary of Lower 40 Acre field. It was on the edge of this that a path ran, by which horse riders would gain access to the two other bridleways; until that is in 1988, it was gated and locked to obstruct the public access. (See Part 14). This path remains overgrown and inaccessible to this day.

Paragraph 8.5 says these “areas have been occupied by Mr Myers from at least 26th November 1962 to 14th July 1970 without let or hindrance and thereafter by Mr Whitfield.”
However, that is not true because complaints were made to HCC. on 8th December 1964 (Part 1) but have never been dealt with effectively.
What it does not say is that it was Mr Porter himself who fenced and cultivated this area of common land without application to the Secretary of State.

Paragraph 8.6, MRP states “I have dealt with the ownership of the Common above but I should add that the two fields at the southern boundary of the plan marked 6100 and 6700 respectively have been leased by Mr Whitfield to Hampshire County Council for the use by them as sports grounds…. The land was leased pursuant to the Order of the Court of Appeal.”

Next time: to be continued.

All 'TCHCC' Parts so far