Hall v Moore & Anor [2009] EWCA Civ 201 (18 March 2009)

Hall v Moore & Anor [2009] EWCA Civ 201 (18 March 2009)

The rights of common attached to Moat House Farm passed to the tenant under the 1998 tenancy agreement as they were not effectively reserved by the contract, and the Powick Commons Committee lacked legal authority to waive or suspend proprietary rights of commoners without express consent or a binding constitution.

Citation
[2009] EWCA Civ 201
Parties
Appellant: Colin Hall; Respondent: Shirley Moore; Respondent: Gerald Harris; Respondent: Cynthia Harris
Jurisdiction
England and Wales
Judgment Date
18 March 2009
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Rights of Common, Tenancy, Waiver of Rights, Interpretation of Contracts, Commons Registration Act 1965, Law of Property Act 1925
Property Law Land Law Rights of Common Tenancy Waiver of Rights Interpretation of Contracts Commons Registration Act 1965 Law of Property Act 1925

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Parties

Colin Hall

Appellant

Shirley Moore

Respondent

Gerald Harris

Respondent

Cynthia Harris

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether rights of common attached to Moat House Farm passed to the tenant under the 1998 tenancy agreement
  2. 2 Whether the Powick Commons Committee had authority to waive rights of common on behalf of all commoners

Ratio Decidendi

The rights of common attached to Moat House Farm passed to the tenant under the 1998 tenancy agreement as they were not effectively reserved by the contract, and the Powick Commons Committee lacked legal authority to waive or suspend proprietary rights of commoners without express consent or a binding constitution.

Court Disposition

Appeal allowed

Orders

  • Set aside the judge's orders in both actions
  • Invite parties' representations as to further orders