Betterment Properties (Weymouth) Ltd v Dorset County Council & Anor [2010] EWHC 3045 (Ch) (23 November 2010)

Betterment Properties (Weymouth) Ltd v Dorset County Council & Anor [2010] EWHC 3045 (Ch) (23 November 2010)

The registration of Markham and Little Francis as a town or village green was valid because the evidence established that a significant number of inhabitants of the relevant neighbourhood used the land for lawful sports and pastimes as of right for over 20 years, and the landowners' actions were insufficient to render the use contentious or to communicate effective opposition to the public. The inclusion of the cross-hatched land was an error, but did not undermine the validity of the registration for the remainder of the land.

Citation
[2010] EWHC 3045 (Ch)
Parties
Claimant: Betterment Properties (Weymouth) Limited; First Defendant: Dorset County Council; Second Defendant: Mrs G Taylor (On behalf of the Society for the Protection of Markham and Little Francis)
Jurisdiction
England and Wales
Judgment Date
23 November 2010
Procedural Posture
Claim Under Section 14 of the Commons Registration Act 1965 / Final Judgment After Trial and Prior Court of Appeal Decision on Preliminary Issues
Outcome
Claim dismissed (registration stands, subject to rectification of cross-hatched land)
Legal Topics
Village Green Registration, Commons Registration Act 1965, Rectification of Register, User as of Right, Lawful Sports and Pastimes, Judicial Review, Statutory Interpretation
Property Law Administrative Law Local Government Law Village Green Registration Commons Registration Act 1965 Rectification of Register User as of Right Lawful Sports and Pastimes +2 more

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Parties

Betterment Properties (Weymouth) Limited

Claimant

Dorset County Council

First Defendant

Mrs G Taylor (On behalf of the Society for the Protection of Markham and Little Francis)

Second Defendant

Procedural Posture

Claim Under Section 14 of the Commons Registration Act 1965 / Final Judgment After Trial and Prior Court of Appeal Decision on Preliminary Issues

Legal Issues

  1. 1 Whether the registration of Markham and Little Francis as a town or village green under the Commons Registration Act 1965 should be rectified under section 14
  2. 2 Whether the use of the land was 'as of right' for lawful sports and pastimes for the requisite period
  3. 3 Whether the relevant user was by the inhabitants of a locality or neighbourhood within a locality as required by the statute

Ratio Decidendi

The registration of Markham and Little Francis as a town or village green was valid because the evidence established that a significant number of inhabitants of the relevant neighbourhood used the land for lawful sports and pastimes as of right for over 20 years, and the landowners' actions were insufficient to render the use contentious or to communicate effective opposition to the public. The inclusion of the cross-hatched land was an error, but did not undermine the validity of the registration for the remainder of the land.

Court Disposition

Claim dismissed (registration stands, subject to rectification of cross-hatched land)

Orders

  • The application to rectify the register by removing the registration of Markham and Little Francis as a town or village green is dismissed.
  • The register is to be rectified to exclude the cross-hatched land erroneously included in the registration.