Dance v Savery & Ors

Dance v Savery & Ors

The register is not conclusive that a grazing right is not split merely because there is no reference to split rights; the right in entry No. 108 of CL 161 is split with CL 164, but not with CL 162, based on historical facts and Commons Commissioner decisions.

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
Outcome
Appeal allowed in part
Legal Topics
Rights of Common, Commons Registration, Grazing Rights, Register Conclusiveness, Split Rights
Property Law Land Registration Rights of Common Commons Registration Grazing Rights Register Conclusiveness Split Rights

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

Legal Issues

  1. 1 Whether the absence of reference to split rights in the register is conclusive that the right is not split
  2. 2 Whether the grazing right in entry No. 108 of CL 161 is split with CL 164 and CL 162 or only CL 164

Ratio Decidendi

The register is not conclusive that a grazing right is not split merely because there is no reference to split rights; the right in entry No. 108 of CL 161 is split with CL 164, but not with CL 162, based on historical facts and Commons Commissioner decisions.

Court Disposition

Appeal allowed in part

Orders

  • Declaration altered: the grazing right in entry No. 108 in the rights section of CL 161 is split with CL 164, but only CL 164