Horseytalk.net/Hoofbeat EXCLUSIVE
RIDER RIGHTS
Greenham and Crookham Commons Act
West Berkshire Council CANNOT DISCLOSE ANY DOCUMENTS TO SHOW OWNERSHIP, (IE PRE REGISTRATION OF TITLES METHOD OF PURCHASE)
THEY CANNOT DISCLOSE LOCUS STAN-DI GAINED FROM THE PRESCRIPTIONS ACT 1832,
SUE BROUGHTON ON BEHALF OF WBC STATES THEY HAVE A LAND REGISTRY DOCUMENT, THIS HAS NOT BEEN OBTAINED BY ANY LEGAL PROCEDURE AND THEREFORE IS NOT VALID AS AN OWNERSHIP REGISTRATION.
Says Tony Barnett
I AM GOING TO INVESTIGATE THE POSSIBILITY OF HAVING PARLIAMENT RE- EXAMINE THIS BILL.
Says Tony Barnett
BECAUSE OF THE BACKGROUND TO THESE COMMONS,WBC DECIDED TO "PROMOTE" A BILL TO ENABLE THEM TO CONTROL THE COMMONS AS A SINGLE ENTITY.
THIS DECISION HAD HIDDEN AGENDAS.
THE CLAIMS ARE THAT SHORTLY AFTER GAINING OWNERSHIP OF THE COMMON LANDS, A BILL WAS DRAFTED AND PRESENTED TOO PARLIAMENT BY THE THEN MP "DAVID RENDEL" IN 1997
THE EXERCISE WAS TO SET UP A COMMISSION CONSISTING OF "APPOINTED" REPRESENTATIVES FROM BODIES WITH DIRECT INTERESTS IN THE COMMON AND MEMBERS OF THE COMMONERS THAT WOULD MANAGE THE COMMON ON BEHALF OF WBC
PEOPLE WITH INTERESTS ARE THOSE WITH TITLE DEEDS AS OWNERS SHOWING THE COMMON LANDS THAT WERE OR ARE PARTS OF DEMESNE LANDS OF A LORDSHIPS MANOR WITH EVIDENCE TO PRE DATE 1189.
WBC CANNOT DISCLOSE THIS EVIDENCE, HOWEVER, THE REGISTERED COMMONERS CAN DISCLOSE THEIR REGISTERED RIGHTS TO ENTER AND TAKE THE PRODUCE THAT THE COMMON LAND IS ABLE TO PRODUCE.
AS COMMON LANDS WHERE THE CENSUS WAS TAKEN ON BEHALF OF THE COMMONS COMMISSIONER FOR THE 1965 CRA SHOWS THAT NO OWNERS WITH THE CORRECT DOCUMENTATION COULD BE TRACED FOR CERTAIN COMMONS, THESE THEN WERE ENTERED ON THE STATUTE BOOK AS SECTION 9, THESE COMMONS WERE "VESTED" INTO THE CARE OF THE LOCAL AUTHORITY FOR PROTECTION, HOWEVER THE LEGISLATION GIVES THE COUNCIL NO JURISDICTION, THE AUTHORITY CAN ACT AS AN OWNER IS EMPOWERED TO DO THROUGH THE COURTS.
SO INFORMATION WHICH WOULD HAVE BEEN PART OF THE BILL PUT TO PARLIAMENT IN 1997, SHOWS THAT BOTH COMMONS WERE REQUISITIONED FOR WW11.
IT IS ALSO SUBMITTED THAT IN 1939 NBC PURCHASED GREENHAM COMMON, BECAUSE THE COMMON LAND WAS SITUATED WITHIN A BOROUGH IT WAS SUBJECT TO THE 1899 ACT AS IS STATED FOR AIR EXERCISE AND RECREATION.
HERE AGAIN THERE S NO DOCUMENTATION OF TITLE DEEDS, SO PURCHASED FROM WHOM?
AFTER THE SECOND DE-REQUISITION BY THE MOD, A FURTHER STATEMENT; IN 1961, IN ANTICIPATION OF A COMPULSORY PURCHASE PROCEEDINGS BY THE SECRETARY OF STATE.
COMMON LANDS ARE REQUISITIONED AND FOR ANY PRESCRIBED CONDITIONS AND PERIODS, THEY DO NOT NEED TO PURCHASE, I SUBMIT THAT THERE WAS OTHER LANDS, COMPRISING OF A DIFFERENT STATUS WAS COMPULSORY PURCHASED, IT IS ALSO STATED THAT THE BOROUGH COUNCIL DISPOSED OF MOST OF GREENHAM COMMON TO THE SECRETARY OF STATE AND RETAINED THE REST.
QUESTION, HOW COULD THE COUNCIL, THAT HAD NO LOCUS STAN-DI ENTER INTO ANY CONVEYANCE?
CROOKHAM COMMON WAS REQUISITIONED IN THE 50'S AND 60'S AND AS OF RIGHT ENCLOSED THE ENTIRE COMMON AGAINST ACCESS TO THE PUBLIC, NO DATE IS GIVEN FOR DE-REQUISITION.
IN 1982 THE COMPULSORY PURCHASED LANDS WERE SOLD OFF TO NDC, THIS WAS NOT COMMON LAND BUT LAND OWNED BY OTHER LAND OWNERS(FARMERS ETC.) IN 1983 THE COUNCIL BROUGHT CROOKHAM COMMON UNDER THE REGULATION ACT OF 1899 WITH BYE-LAWS WHICH WAS CONFIRMED BY THE SECRETARY OF STATE,(THE 1889 ACT WAS PASSED BY PARLIAMENT AND GIVEN ROYAL ASSENT)
GREENHAM AND CROOKHAM WERE REGISTERED AS COMMONLAND UNDER THE 1965 ACT, THE RIGHTS OF COMMON ON GREENHAM COMMON WERE EXTINGUISHED IN 1991 UNDER THE DEFENCE ACTS 1842, c94 1854 c67 AND 1859 c12
THE RIGHTS OF COMMON HAVE NOT BEEN EXTINGUISHED FORMALLY VESTED IN THE SECRETARY OF STATE AND ENCLOSED BY THE PERIMETER FENCE, BUT HAVE NOT BEEN CAPABLE OF GRAZING.
THERE ARE ONLY THREE PARCELS OF LAND RETAINED BY GOVERNMENT FOR INSPECTION PURSUANT TO THE IRNF TREATY 1987.
IT IS ALSO WORTH OBSERVING THAT NO REGISTRATION OF OWNERSHIP OF EITHER COMMON WAS REGISTERED FOR THE 1925 AND 36 LANDS REGISTRATION ACTS.
THIS IS THE "CONCISE EXPLANATION" OF THE PURPOSE OF THE 2002 ACT.
" AN ACT TO RESTORE LAND AT THE VICINITY OF THE GREENHAM AND CROOKHAM COMMONS AS COMMONLAND OPEN TO THE PUBLIC;TO MAKE PROVISIONS FOR THE CONSERVATION OF THE NATURAL BEAUTY OF THE LAND;TO GRANT PUBLIC ACCESS OVER THAT LAND IN PERPETUITY AND TO MAKE PROVISIONS WITH THAT LAND; TO CONSTITUTE THE GREENHAM AND CROOKHAM COMMON COMMISSION FOR MANAGEMENT OF THAT LAND;TO CONFER POWERS ON WEST BERKSHIRE COUNCIL AND ON COMMISSION WITH RESPECT TO THAT LAND;AND OTHER PURPOSES."
WHAT ABOUT THE 2000 ACT? THE COUNCIL ON INSTRUCTIONS FROM PAUL HENDRY HAS SHOWN TOTAL DISREGARD TO THAT ACT BY REMOVING VEGETATION AND CUTTING DOWN TREES.
I AM GOING TO INVESTIGATE THE POSSIBILITY OF HAVE PARLIAMENT RE EXAMINE THIS BILL.
GREENHAM AND CROOKHAM COMMON ARE NOT OWNED OR LEGALLY OCCUPIED BY COUNCIL OR WT, RSPB AND OTHERS, THE COMMONS ARE S45 2006 COMMONS ACT.
1965 4 s1 COMMONS REGISTRATION ACT;SUBJECT TO THE PROVISIONS OF THIS SECTION, A REGISTERING AUTHORITY SHALL REGISTER ANY LAND AS COMMON LAND OR A TOWN OR A VILLAGE GREEN OR AS THE CASE MAY BE, ANY RIGHTS OF COMMON OVER OR OWNERSHIP OF SUCH LAND, ON APPLICATION DULY MADE TO IT AND ACCOMPANIED BY SUCH DECLARATION AND SUCH OTHER DOCUMENTS AS MAY BE PRESCRIBED FOR THE PURPOSE OF VERIFICATION OR OF PROVING COMPLIANCE WITH ANY PRESCRIBED CONDITIONS.
PRESCRIPTION, DISPUTED CLAIM TO RIGHTS OF COMMON.
THE BASIS OF THE DOCTRINE OF PRESCRIPTION IS THAT A RIGHT HAS BEEN EXERCISED FOR MANY YEARS THE LAW WILL PRESUME THAT IT HAS BEEN EXERCISED SINCE 1189, "THE TIME OF LEGAL MEMORY" AND THUS LEGALLY EXISTS.
AT COMMON LAW, NO SET PERIODS FOR EVIDENCE OF THE EXERCISE OF RIGHTS IS LAID DOWN, BUT A CLAIM COULD BE DEFEATED IN COURT BY SHOWING THAT IT CAME INTO EXISTENCE AFTER 1189, ACCESSION OF RICHARD 1 OF ENGLAND.
IT CAN ALSO BE DEFEATED BY EVIDENCE TO SHOW IF LEGAL OCCUPATION IS CLAIMED UNDER THE PRESCRIPTION ACT IF THE OWNER OR LEGAL OCCUPANTS(COMMONERS AND PUBLIC) BY PRODUCTION OF WRITTEN EVIDENCE THAT IT WAS USED BY CONSENT AND KNOWLEDGE, IT WAS NOT CERTAIN AND REASONABLE, AS OF RIGHT (AND NOT CUSTOM) AND WITHOUT INTERRUPTION.
MAY I ALSO BRING TO YOUR ATTENTION OF ; G&K LADENBAULtd-V-CRAWLEY AND de REYA 1978 WHERE IT WAS HELD THAT A SOLICITOR WHO NEGLIGENTLY FAILED TO SEARCH THE REGISTERS OF COMMON LAND WAS HELD LIABLE TO SUFFERES OF LOSS.
IN A NUT SHELL GREENHAM AND CROOKHAM COMMON ARE NOT OWNED OR LEGALLY OCCUPIED BY COUNCIL OR WT, RSPB AND OTHERS, THE COMMONS ARE S45 2006 COMMONS ACT.
Tony Barnett writes to West Berkshire Council
I INTEND TO BRING THIS INFORMATION BACK TO PARLIAMENT, IN THE MEANTIME, I BELIEVE THE ONLY HONEST ACTION FOR THE COUNCIL IS TO RECONSIDER THE POSITION IT IS NOW IN.
Says Tony Barnett
PAUL HENDRY, FOLLOWING COUNCIL PROCEDURE STATED THAT WBC OWN CROOKHAM AND GREENHAM COMMON AND THAT PRE REGISTRATION OF TITLE DEEDS AND NECESSARIES( OTHER DOCUMENTED EVIDENCE, CONVEYANCE ETC )
IS HELD AT WBC.
COMMON LANDS THAT ARE OF FREEHOLD WERE OR ARE DEMESNE LANDS OF A LORDSHIP OF THE MANOR, THESE THEN ARE LANDS ABLE TO BE CONVEYED, OR GIFTED, PROOF OF THE LEGITIMACY WILL BE SHOW IN DOCUMENTED EVIDENCE TO PRE DATE 1189.
GREENHAM AND CROOKHAM COMMON LANDS HAVE NO DOCUMENTATION TO SHOW DEMESNE, AND THEREFORE ARE NOT A SALEABLE COMMODITY.
PAUL AND CERTAIN PARAGRAPHS IN THE 2002 ACT STATE THAT THE COMMON LANDS WERE PURCHASED FROM THE MOD.
THE MOD DO NOT PURCHASE COMMON LANDS, THEY HAVE RIGHTS IN LAW TO REQUISITION FOR STATED OR UN STATED PERIODS OF TIME FOR THE DEFENCE OF THIS COUNTRY, THEY ARE FREE TO DEVELOP THE LAND TO SUIT THE REQUIREMENTS.
IT IS PROCEDURE AFTER DE REQUISITION FOR THE LANDS THE BE RETURNED BACK TO THE STATE IN WHICH THEY WERE BEFORE THE WORKS STARTED BECAUSE THE WORKS WOULD BE UNLAWFUL AND WITHOUT THE CONSENT FROM THE SECRETARY OF STATE, THE MINISTRY PAY FOR THE REINSTATEMENT.
THE INFORMATION GIVEN TO DAVID RENDEL BY THE COUNCIL, PURPORTING BE OWNERS THEREFORE WAS FALSE, THE CONSENT BY PARLIAMENT AND LORDS AND ROYAL COMMISSION OBTAINED CANNOT BE CONCLUSIVE SUBJECT TO THE FALSE CLAIMS BY WBC.
I INTEND TO BRING THIS INFORMATION BACK TO PARLIAMENT, IN THE MEANTIME, I BELIEVE THE ONLY HONEST ACTION FOR THE COUNCIL IS TO RECONSIDER THE POSITION IT IS NOW IN.
