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Says Naomi Smith

Says Naomi SmithIt 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

Yately Common, Hampshire

Tony Barnett sets out his strategy for the future

"The route now to follow is quite clear .."

Says Tony Barnett

Says Tony Barnett I am  convinced that the route now to follow is quite clear, regarding the history of the Blackbushe part of Yateley Common CL 24.

History will show that the entire land "the whole of Yateley Common CL 24" is ancient  open public  rights to

 access from all points of view, tolerance of the local inhabitants to use the products of the lands is in evidence, even if the lands were shown to be demesne lands of the Lord of the Manor, as early as 1235 judgement was given to the "commoners" against the objections of the owners where lawful access and the taking of the product from the lands by commoners who claimed as of right.

History will also show that anyone claiming rights on or over the land needed evidence to show that the ownership is documented to pre-date Quo Warranto 1189, (time of legal memory,) such evidence was required for the lands registration Act's 1925 and 1936 before claims lands being "freehold" could be registered, lands such as Yateley Common, (not being "property" in the sense of not being owned)were not included in the two Acts afore mentioned, the reason being the lands (Manorial Waste) waste land of the manor ( meaning where you live) were just that, uncultivated,un-occupied parcels of waste lands, therefore no title deeds to show ownership or regulated in anyway.

Such waste lands were being stolen by locals or were encroached upon by estates, the 1965 Commons Registration Act (CRA) was created to save manorial waste from becoming  no one's land to  becoming any mans land, and to register rights of common held by those that had evidence, that was held by families of commoners dating back decades, to support claims of rights, sworn affidavits before a JP were produced to the local authority to show entitlement to be registered  with rights of common, these were recorded in council registers and noted in the decision of the commons commissioners rulings.

History will will show that the Blackbushe part of Yateley Common CL 24 was requisitioned for military purposes during WW11, history also provides corrupt claims that the land was purchased by an RAF pilot from the Calthorpe estates in 1942, the Calthorpe legal claims can only be traced to the 1800's and so was not accepted by the Commissioner, neither was the alleged purchase of that year, Baden Fuller, Commons Commissioner states that there is no evidence that anybody  ever claimed compensation for not being able to use rights (on requisition it was abundantly clear that "all rights" would be suspended for the duration.

On the 29 April 1953 it was alleged that Sir Richard Calthorpe made an application as proprietor to HM Land registry of the Blackbushe part of Yateley Common under HP 6277, he goes on to say, "that I (Baden Fuller, Mr Commissioner) had no evidence as to how his title previous title was traced from 1891 conveyance to Lord Calthorpe", meaning no pre-registration of titles to pre-date quo warranto 1189, time immemorial, time of legal memory.

Blackbushe claim that the land was not common land before the 1965 CRA, well the county court Judge in his judgement 24th November 1964 found that the buildings were on lands within the section 194 1925 LPA which was at the commencement of this act (1926 after Royal assent) is subject to rights of common and post de-requisition were unlawful works on registered common land.

Jane Biscombe was challenged to write to Mick Lambert and  BCA to remove the buildings and themselves so as to return lawful access subject to the order of the Minister of works in 1960 the date of de-requisition, this means that the area so occupied to be returned back to the state in which it was before the works started, the council was paid to carryout the reinstatement of the area, which can be seen that the order was not fully complied with, claims that the commoners have abandoned their rights, very,very difficult to prove without the particular commoner-s putting in writing that they have abandoned their rights.

The presumption by blackbushe and BCA that rights have been abandoned through lack of use does not mean abandoned, case history;- Musgrave-v-Inclosure commissioners (1874)LR 9  Queens Bench(QB) 162 where a commoner had only exercised rights of common in 1828--1844-5 and in 1859-61, the court ruled that rights of common were alive, see also Mr.Justice Holroyd Moore-v-Rawson (1924) 5 Dow & Ry 238, the main consideration is that rights of common are attached to the dwelling/application lands and cannot be extinguished or separated through abandonment or conveyance.

This then bring me to the claims by Blackbushe and BCA claiming rights of ownership/occupation to de-register registered common land and registered commoners rights, as has been explained above this can never happen, to apply in the first instance the applicant must  be a legal lessee or proprietor, neither are, in fact above tells you that no such office exists, there's no one to conduct any arrangements on tenancy,conveyance, to organise functions/ events, access to common lands are by choice, there is no compensation should an accident or a fatality man or beast, this is also what must be considered by the operatives, but customers of the unlawful occupations of Yateley common CL 24.

As the RAF de-requisitioned the land in 1960,the buildings/runways also lost insurance cover, which for the duration of the occupation insurance to cover injuries etc of personnel was in place, now there is no insurance cover for the unlawful occupation, for the planes, and personnel employed, one must also consider the neighborhood regarding  their safety, although one might be accused of hypothesis, it must however be considered as no insurance companies will meet the compensation claims once been made aware that the operations on the common land are unlawful.

There are claims also that blackbushe, under one of its many guises had the areas of Yateley common registered as its property, if, it did apply it would have been through a fraudulent act as there are no title deeds, a would be pilot and supporter of the Blackbushe is Jane Biscombe, clerk to Yateley Town Council,here she has claimed that a lawful registration was made to gain two land registry documents HP 623124 and HP 707673, as a member of the public I applied for copies of the documents, "I don't have them she said they will be held by HCC that is where I got the information from, well if she has the title numbers of the two registrations how can she say that she does not have the documents, well HCC don't have any either, or they say they don't.

Its strange Jane Biscombe makes that statement because entered onto the commons registration record is claims by Yateley Town Council and Hawley that both own the common lands  on which BCA and Mick Lambert are in occupation, Jane states that Yateley council did not claim ownership, well it is in black and white, so, if, Blackbushe applied for two registrations to the land registry as owners, the purchase could only have come via a conveyance from both councils named on the commons register for the 1965 CRA.

Fraud was also committed by Hampshire councils when complying with the order from the Secretary of State to identify all the Manorial waste in the respective counties for registering the wastes as common lands for the 1965 commons registration act, all such registration were identified as a section 9, this was to show that no owners could be traced, where I have identified frauds under the 2006 fraud Acts is where the clerk to Hampshire authorities, when contacted by the Secretary of States envoys I.E, the University Of Aberytswyth north Wales  to compile information on each and every parcel of lands that were not included in the lands registration Acts 1925 and 1936, I.E, manorial waste, the clerk to the  council issued false information by not stating that the part that is appendant to the area of Blackbushe still held remnants of the occupation by the RAF, also that Yateley town council and Hawley had claimed ownership of that particular area, so Mr. Commissioner Baden Fullers decision was on the information given.

The other identified fraud is Mortgage fraud, here the unlawful occupiers are using the land/buildings, not owned by them as collateral, all with the full Knowledge of HCC, demands now must be for copies of evidence held and for the removal as per Minister of works order in 1960.


Maritsa Singer wrote to John Ellis, Blackwater Solutions, Secretary of the Blackbushe Airport Consultative Committee

"You agreed you will provide me with the required documentary evidence of proof of ownership of the Common Land by Blackbushe Airport.  This means providing me with FULL DISCLOSURE of any application and ownership rights as claimed by Blackbushe Airport."

Says Maritsa Singer

Read her letter in FULL below

I refer to my attendance at the meeting on Wednesday and in particular,  Item 7 on the agenda of the Blackbushe Airport Consultative Committee Meeting's Agenda Item 7 – REMOVAL OF THE COMMON RIGHTS – which related to Blackbushe Airport's application to de-register part of the common land CL24 at Yateley Common.

You asked in front of the committee and audience if I would put my response to that agenda item in writing.  I have detailed this below and as you agreed in front of the meeting, you will address the questions in hand and provide me with the required documentary evidence of proof of ownership of the Common Land in question by Blackbushe Airport.  This means providing me with FULL DISCLOSURE of any application and ownership rights as claimed by Blackbushe Airport.

Once all the agenda items were finished, a Q&A session would be held.

Throughout the meeting the word "Owners" – meaning Blackbushe Airport, was repeatedly used.

On opening to the meeting re Item 7 – it was mentioned about the size of the audience and made apparent that everyone in the audience were here for this particular item which was of concern to the general public. 

It was also asked at the meeting from a member of the committee, in his absence, as to why Blackbushe Airport's plans were not detailed at their last consultative meeting held in March (these are held 6 monthly). 

Mick Lambert – Blackbushe Airport/British Car Auctions said "forgive my memory did I do a presentation before March – yes was the response from Jane Biscombe – Town Clerk, Yateley Town Council and the Chairman, and Mick Lambert responded by saying "Ok it was before March on the future of Blackbushe – Are we talking about the common land de-registration" – Yes came the response from the Chairman and Jane Biscombe.

Mick Lambert said that when he outlined the vision for Blackbushe Airport for the future, he said that S38 was being looked at and that one of the ways was to apply for de-registration of the common land occupied by the airport – the footprint occupied by the airport - and for expansion the only way was to apply for de-registration.  The meeting also addressed the fact that there were no plans to extend the runway.

Now to the Q&A Session

First person to put their hand up from the audience was a local chap by the name of David Ashworth, who had in fact arranged for a banner to be put up in Yateley for saving the common – having obtained authority to do so via Yateley Town Council.  He is not so much against the airport and is happy for the airport to remain, as long as that is not at a price of losing the common.  He asked that there be a public meeting held with Blackbushe Airport in attendance, to discuss this application, so that more people could be aware and make a better informed decision.  It was felt from many members of the community that the plans had not been widely communicated.  It was also asked if perhaps the application could be delayed.  Adrian Collett, Councillor, who sat on the committee - also wondered if there could perhaps be a delay of 2-3 months but hinted that Blackbushe Airport would probably not be willing to do so.  David Ashworth also mentioned that this application would need to go to government.

I then raised my hand.  I opened up by saying that Mr. Ashworth was right  and that any application to de-register the common land would have to go to the Secretary of State and in so doing there would be a public meeting.  I then mentioned that you can only make an application to de-register if you are a leaseholder or a proprietor and that having searched for weeks for this information, I could find no evidence to support Blackbushe Airport's claimed ownership of the common land.  I also stated that I was in receipt of the Commons Register which I had received from Hampshire County Council and that this only showed evidence of ownership as being held by two councils.  I also stated that I had that evening received information from Hampshire County Council that there was no information held on the two registration plan numbers which had been provided to me to show whether or not Blackbushe Airport were actually the legal owners of the Common Land in question.  I also stated that therefore unless you can provide me with documented evidence of ownership, Blackbushe Airport do not own the common land.

I then proceeded to say to the Committee that I have a question that I would like to ask you all which was - I would like to ask why, when taking unlawful occupation of the Blackbushe part of Yateley Common CL24, you did not avail yourself of Section 194 of the 1925 Law of Property Act to seek consent to develop the site into an airport as it is now?  Even now, no application has been made under the new application process Section 38, to gain consent for development but instead you seek general consensus of opinion from the general public here tonight.  Had the Councils in the area taken the lead to enforce the Minister for Works Order to demolish the site, this situation would not have arisen.  The local authorities silence has no doubt galvanized YOU as squatters to occupy the derelict buildings in the first instance.  In conclusion, therefore, I object to the pre-empted application to have the occupied land de-registered.

There was no response from the committee other than it being said by the Chairman that "I am not a lawyer" and that the committee were not aware of this information.  I said that was not the case as Mick Lambert was fully aware of the whole situation as he had been in receipt of numerous emails about the situation and the fact that Blackbushe Airport were not the owners.  For your information, Shane Robinson, from British Car Auctions has also received many a communication on this matter.  Obviously both companies are joined at the hip – one and the same.  I say this as I Believe Mick Lambert has a dual role in working for Blackbushe Airport and British Car Auctions – and Shane Robinson is employed under the guise of British Car Auctions – and that both businesses come under the same umbrella.

I also said that I had no worries about this application for de-registration as there was no proof of ownership that Blackbushe Airport owned the land, that it was Common Land and that therefore this application for de-registration would not be going ahead because the applicants would need to be leaseholders or proprietors in order to apply for de-registration/exchange of land.  Any applicant who requires de-registration/exchange of land, must fit that category.

You as the Chairman then asked me if I would put to you in writing what I had just said so that you could look into this.  In front of everyone at the meeting, I responded that yes I was happy to do so, as long as Blackbushe Airport provided in return documentation and evidence of the fact that Blackbushe Airport were the owners of the land in question and that this would provide clarity for the purposes of the application to the residents and the community.  You agreed to do this.

Whilst writing I also have a concern over one of your Committee Members – Jane Biscombe – Town Clerk for Yateley Town Council.  I was there in attendance with several local Yateley Residents (well before the meeting got under way) and she was clearly overheard "I've been having flying lessons and it can be really scary" – surely a conflict of interest in her attendance at such meetings and when dealing with such an important agenda item as this!

Anyway I have done as requested and I would like to receive a response from you within 7 days of this email.

Says Linda Wright

Says Linda WrightWe 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

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