Littlejohns & Anor v Devon County Council & Anor

Littlejohns & Anor v Devon County Council & Anor

After 31 July 1970, no rights of common can be acquired or exercised over land registered as common land under the Commons Registration Act 1965 unless those rights are registered. The 1965 Act and its regulations preclude the creation or registration of new rights of common over such land, whether by express grant or prescription. The legislative intent was to establish a definitive register, and the absence of a registration mechanism for new rights over registered common land means such rights cannot exist or be exercised.

Parties
Appellant: Martin Littlejohns; Appellant: Sarah Littlejohns; Respondent: Devon County Council; Interested Party: Duchy of Cornwall
Jurisdiction
England and Wales
Judgment Date
06 May 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Judicial Review
Outcome
Appeal dismissed
Legal Topics
Commons Registration, Rights of Common, Judicial Review, Statutory Interpretation
Land Law Administrative Law Commons Registration Rights of Common Judicial Review Statutory Interpretation

Case Brief

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Parties

Martin Littlejohns

Appellant

Sarah Littlejohns

Appellant

Devon County Council

Respondent

Duchy of Cornwall

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Judicial Review

Legal Issues

  1. 1 Whether rights of common can be acquired by express grant or prescription after 2 January 1970 over land registered under the Commons Registration Act 1965 on or before 31 July 1970
  2. 2 Interpretation of section 1(2)(b) of the Commons Registration Act 1965 and its effect on future rights of common
  3. 3 Whether the 1965 Act or 2006 Act permits registration or exercise of new rights of common over previously registered common land

Ratio Decidendi

After 31 July 1970, no rights of common can be acquired or exercised over land registered as common land under the Commons Registration Act 1965 unless those rights are registered. The 1965 Act and its regulations preclude the creation or registration of new rights of common over such land, whether by express grant or prescription. The legislative intent was to establish a definitive register, and the absence of a registration mechanism for new rights over registered common land means such rights cannot exist or be exercised.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; the decision of the Commons Registration Authority is upheld.