TW Logistics Ltd v Essex County Council & Anor [2017] EWHC 185 (Ch) (08 February 2017)

TW Logistics Ltd v Essex County Council & Anor [2017] EWHC 185 (Ch) (08 February 2017)

The Land was used by local inhabitants for lawful sports and pastimes 'as of right' for at least 20 years; signage and conduct did not render use contentious or permissive; recreational and commercial uses co-existed without factual or statutory incompatibility; there was no statutory or criminal bar to registration; therefore, the Land was correctly registered as a town or village green and the claim for rectification fails.

Citation
[2017] EWHC 185 (Ch)
Parties
Claimant: T W Logistics Limited; First Defendant: Essex County Council; Second Defendant: Ian James Tucker
Jurisdiction
England and Wales
Judgment Date
08 February 2017
Procedural Posture
Claim Under Section 14 of the Commons Registration Act 1965 / High Court Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Town or Village Green Registration, Commons Act 2006, Commons Registration Act 1965, Rectification of Register, 'as of Right' Use, Nec Vi Nec Clam Nec Precario, Compatibility of Recreational and Commercial Use, Statutory Incompatibility, Signage and Contentious Use
Property Law Administrative Law Town or Village Green Registration Commons Act 2006 Commons Registration Act 1965 Rectification of Register 'as of Right' Use Nec Vi Nec Clam Nec Precario +3 more

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Parties

T W Logistics Limited

Claimant

Essex County Council

First Defendant

Ian James Tucker

Second Defendant

Procedural Posture

Claim Under Section 14 of the Commons Registration Act 1965 / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the Land should remain registered as a town or village green under the Commons Act 2006
  2. 2 Whether use by local inhabitants was 'as of right' (nec vi, nec clam, nec precario) for 20 years
  3. 3 Whether signage or conduct rendered use contentious or permissive

Ratio Decidendi

The Land was used by local inhabitants for lawful sports and pastimes 'as of right' for at least 20 years; signage and conduct did not render use contentious or permissive; recreational and commercial uses co-existed without factual or statutory incompatibility; there was no statutory or criminal bar to registration; therefore, the Land was correctly registered as a town or village green and the claim for rectification fails.

Court Disposition

Claim dismissed

Orders

  • The claim for rectification of the register is dismissed.
  • The Land remains registered as a town or village green.