Horseytalk.net/Hoofbeat EXCLUSIVE
RIDER RIGHTS
DEED OF DECLARATION AND ORDER OF LIMITATIONS UNDER SECTION 193 1925 LAW OF PROPERTY ACT
Says Tony Barnett
THIS SECTION APPLIES AUTOMATICALLY TO ALL COMMONS SITUATED WHOLLY OR PARTLY WITHIN A FORMER BOROUGH OR URBAN DISTRICT.
AN OWNER OF ANY OTHER COMMON MAY EXECUTE A DEED TO BRING THEIR COMMON UNDER THE SECTION.
THE SCOPE OF RIGHTS GRANTED BY s193 IS NOT DEFINED IN THE 1925 ACT, BUT IT IS SUBMITTED THAT THE PUBLIC CAN DO NO MORE THAN INDULGE IN FORMAL RECREATION.
DOES THE RIGHT INCLUDE ACCESS ON HORSEBACK? AS THE POINT APPEARS NEVER TO HAVE BEEN TESTED IN THE COURTS, IT COULD BE INTERPRETED AS INCLUDING ACCESS ON HORSEBACK.
THE EFFECT IS THAT THE PUBLIC OBTAIN A LEGAL RIGHT OF ACCESS FOR "AIR AND EXERCISE" SUBJECT TO BASIC PROHIBITIONS;- IT SHALL BE AN OFFENCE TO (a) DRIVE A VEHICLE,(b) TO CAMP,(c) TO LIGHT A FIRE.
THIS ALSO SUGGESTS THAT OTHER RECREATIONAL ACTIVITIES, INCLUDING HORSE RIDING IS ALLOWED.
IT IS RELEVANT, TOO, THAT AN ORDER OF LIMITATIONS FREQUENTLY PROVIDES THAT HORSES SHALL NOT BE TRAINED, BROKEN IN, EXERCISED OR RIDDEN ON SUCH COMMON LAND, EXCEPT IN PRESCRIBED AREAS.