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
Common land. Is it all owned by somebody ?
All land is deemed to be owned by someone
Says Martin Wright,
ACRA Communications Director, Commons and Greens Registration Officer, Countryside Access, Environment Dept., Cornwall Council
The 1965 and 2006 Act only make entries in the Land and Rights section sheets as evidence of matters registered.
As all land is deemed to be owned by someone it is possible for people to come forward claiming ownership of land that was not claimed to be owned at the time of the commons commissioners hearings. The question you raise is mainly one for Defra and its agents or representatives to answer, but regulation 47 of the Commons (England) Regulations 2014, replacing similar regulations under the 1965 Act allows for any entry in the ownership section to be amended in the light of registration of ownership at Land Registry offices.
Says Tony Barnett
I completely agree with your statement that anyone may apply and that it is possible that some one may find documents to show they own land, no argument, but, applications as such must be true and evidence must be disclosed and if it is required the documents are subject to examination by the profession, and then registered in accordance with s 4,ss1 1965 act with the registering authority.
Should statements be that the documents have been lost but verbal claims that the commonnland is owned, then there is allowed for the applicant to make a statement of truth to say, where,when and how were they so mislaid, Pins are not supporting the objectors when they request such a statement signed before a JP, as for the suggestion that defra should be held to answer, yet you claim to be autominous is strange, the land registry and yourselves are required by law for having the documents examined and then registered,may I come to your statement that all common land is deemed to be owned.
The commons commissioner, in 1965, took the guidance from the University of Aberystwyth, that all the common lands evidence required and supported by local government officers (council clerks) that the amendments to all common lands in their county had been completed, and requested the land to be registered as common lands, commons registered section 9 were judged to be ownerless, or where no owners could be traced, he did not deem or even suggest that the lands were freehold
As good sound advice, the land registry documents registering common lands that gained that registration in 1965 are fraudulent,whereas lands that were registered in 1925 and 1936 which shows waste land(common land) as demesne lands of the estate/manor will be lawful because those registrations will show ownership to pre-date 1189, other common lands are waste of A manor/district/village/hamlet, not of a freehold estate and are section 9, now 45, ownerless.
This fact where common lands are now section 45 are under seige from councils who have documentary evidence for public viewing showing the lands do not have registered owners, so how can they apply to pins for enclosure as owners when the registration shows no one may make grants of easement
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