Says Naomi Smith
It is all too possible to round a corner on horseback and come upon a group of cattle with no prior warning -this WILL result in a horse being badly spooked at best, bolting at worst -it is only a matter of time ........... read more
Commoners Rights A Briefing .
"Commoners rights are air tight "
Says Tony Barnett
Commoners rights are air tight, rights, completely are begrudgingly observed by owners, and since the lands have become more valuable, councils and central government (Natural England and other quango's) have seen that they have opportunities, unlawfully, can be gained by looking for weak points or weak minded commoners.
However, there is an act 1235 that stops such acts of usurping local inhabitants off the land or to even encroach on commoners rights, what ever the product is, the rights on Frensham you are aware of
Commoners have observation to comply with, and that is to keep to the rights gained when common land was identified as land "capable" of rights of common, those rights were then registered at the time that the lands were registered as common land in 1965, one commoner per registration, which is the property to include the "application lands".
On police, they have no jurisdiction unless there is a breach of the public order act, S 5, they have powers of arrest, until such an order is breached, however, the council are the registering authorities through investation by the commons commissioner, but without any jurisdiction bestowed and it will be those that have "power" to take action in the county courts, you of course if you honestly believe(have reasonable excuse) may have the matters to go before the high court for judgement.
As the common is registered as a S 9, there will not be any one to make deeds of grant/grants of easement to allow rights of common to none registered commoners, if there is a Lord of the Manor, and there is a beat, a gilly, where his rights of piscary needs protection will be in post, but those rights were registered, subject to the registration of his demesne lands, which pre-date 1189, and registered as freehold in 1925 law of property act, so if there is/was a Lord of the Manor, he would be able to have prosecutions for trespass in search/taking of of game, as it is, court action in as far as Frensham goes, the council can take court action or the commoner.
The council has commitment to set the wrongs right, all monies made from ponds, for example, must be given back, and can be ordered to pay back, there is legislation that will secure prosecution against all involved.
Says Linda Wright
We moved to a Shropshire location a year ago having surveyed the local OS map and noted the significant number of bridleways around the property. Sadly the map appears a total fiction. Scarce any of the bridleways are usable ........... read more