Dance v Savery & Ors [2011] EWCA Civ 1250 (03 November 2011)

Dance v Savery & Ors [2011] EWCA Civ 1250 (03 November 2011)

The absence of a reference to split rights in the register entry does not conclusively establish that the right is not split; the register is conclusive only as to the maximum number of animals, not as to the absence of constraints or the split nature of the right. Constraints, including split rights, may apply even if not expressly recorded, and the appellant's right is limited to a maximum number of animals across all relevant register units, not separately for each.

Citation
[2011] EWCA Civ 1250
Parties
Appellant: Semaj John Dance; Respondent: Robert Savery; Respondent: Phillip Geoffrey French; Respondent: Mark Treneer
Jurisdiction
England and Wales
Judgment Date
03 November 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Commons Registration, Rights of Common, Interpretation of Statutory Registers, Grazing Rights, Effect of Registration Under Commons Act 1965 and 2006
Property Law Administrative Law Commons Registration Rights of Common Interpretation of Statutory Registers Grazing Rights Effect of Registration Under Commons Act 1965 and 2006

Case Brief

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Parties

Semaj John Dance

Appellant

Robert Savery

Respondent

Phillip Geoffrey French

Respondent

Mark Treneer

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the absence of reference to split rights in the register entry is conclusive that the right is not split
  2. 2 Whether the register is conclusive as to the nature and extent of grazing rights under the Commons Act 1965 and 2006
  3. 3 Whether constraints on the exercise of rights of common must appear on the register to be effective

Ratio Decidendi

The absence of a reference to split rights in the register entry does not conclusively establish that the right is not split; the register is conclusive only as to the maximum number of animals, not as to the absence of constraints or the split nature of the right. Constraints, including split rights, may apply even if not expressly recorded, and the appellant's right is limited to a maximum number of animals across all relevant register units, not separately for each.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the right to graze 101 livestock units over Brent Moor Area A is subject to the limitation that 101 livestock units is the maximum number that can be grazed at any one time over Brent Moor Area A and the neighbouring register units CL 162 and CL 164.