Hall v Moore & Anor

Hall v Moore & Anor

The rights of common attached to Moat House Farm passed to the appellant under his tenancy agreement; the reservation clause did not reserve such rights to the trustees; the Commons Committee lacked authority to waive the proprietary rights of all commoners without express consent, and the waiver agreements did not bind the appellant or his predecessor.

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 Judgment on Preliminary Issue
Outcome
appeal allowed
Legal Topics
Rights of Common, Tenancy, Waiver of Rights, Interpretation of Tenancy Agreements, Authority of Committees
Property Law Land Law Rights of Common Tenancy Waiver of Rights Interpretation of Tenancy Agreements Authority of Committees

Case Brief

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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 Judgment 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 reservation clause in the tenancy agreement reserved rights of common to the landlord
  3. 3 Whether waiver agreements by the Commons Committee effectively waived the rights of common for all commoners, including the appellant

Ratio Decidendi

The rights of common attached to Moat House Farm passed to the appellant under his tenancy agreement; the reservation clause did not reserve such rights to the trustees; the Commons Committee lacked authority to waive the proprietary rights of all commoners without express consent, and the waiver agreements did not bind the appellant or his predecessor.

Court Disposition

appeal allowed

Orders

  • Orders of the county court set aside
  • Further orders to be made after representations from parties