Dance v Savery & Ors [2011] EWHC 16 (Ch) (17 January 2011)

Dance v Savery & Ors [2011] EWHC 16 (Ch) (17 January 2011)

Entry 108 does not confer a stand-alone right to graze the defined livestock over part A of CL 161; it is a right split with CL 162 and CL 164, and the total number of livestock that may be grazed is limited across all three units collectively. The register is conclusive as to the existence and number of the right, but not as to the absence of constraints arising from split rights.

Citation
[2011] EWHC 16 (Ch)
Parties
Claimant: Semaj John Dance; First Defendant: Robert Savery; Second Defendant: Philip Geoffrey French; Second Defendant: Thomas Knyveton Darnley Anderson; Second Defendant: Michael Thomas Wheeler Hart; Second Defendant: Mary Charmian Bateman; Third Defendant: Mark Treneer; Third Defendant: Rebecca Dance; Third Defendant: Semaj Dance (Junior)
Jurisdiction
England and Wales
Judgment Date
17 January 2011
Procedural Posture
Chancery Division Trial (interpretation of Register Entry) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Commons Registration Act 1965, Commons Act 2006, Rights of Common, Grazing Rights, Interpretation of Register Entries
Property Law Land Law Commons Registration Act 1965 Commons Act 2006 Rights of Common Grazing Rights Interpretation of Register Entries

Case Brief

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Parties

Semaj John Dance

Claimant

Robert Savery

First Defendant

Philip Geoffrey French

Second Defendant

Thomas Knyveton Darnley Anderson

Second Defendant

Michael Thomas Wheeler Hart

Second Defendant

Mary Charmian Bateman

Second Defendant

Mark Treneer

Third Defendant

Rebecca Dance

Third Defendant

Semaj Dance (Junior)

Third Defendant

Procedural Posture

Chancery Division Trial (interpretation of Register Entry) / Judgment After Trial

Legal Issues

  1. 1 Whether entry 108 on the register of common land confers a stand-alone grazing right over part A of CL 161 or a right split with other register units (CL 162 and CL 164)
  2. 2 Whether the register entry is conclusive as to the nature and extent of the right

Ratio Decidendi

Entry 108 does not confer a stand-alone right to graze the defined livestock over part A of CL 161; it is a right split with CL 162 and CL 164, and the total number of livestock that may be grazed is limited across all three units collectively. The register is conclusive as to the existence and number of the right, but not as to the absence of constraints arising from split rights.

Court Disposition

Claim dismissed

Orders

  • Declaration that entry 108 confers a right to graze the defined livestock over part A of CL 161 only to the extent that the same livestock are not already being grazed on CL 162 or CL 164