QUANTIFICATION OF REGISTERED RIGHTS
GRAZING RIGHTS MUST BE QUANTIFIED, BUT THE ACT DOES NOT GIVES ANY GUIDANCE ON HOW THIS MUST BE DONE.
Says Tony Barnett
THE COMMONS COMMISSIONER GAVE HIS DECISION ON 7tH DECEMBER 1979 IN THE MATTER OF TRACTS OF LAND;- APPLETON-LE-MOORS, SPAUNTON,LASTINGHAM,HUTTON-LE-HOLE AND ROSEDALE WEST YORKSHIRE, WHERE HE HELD THE CORRECT METHOD IS BY RULES OF "LEVANCY AND COUCHANCY (dawn to dusk), AS DESCRIBED BY LUSH J IN MATTERS LASCELLES-V-LORD ONSLOW 1877:-
the right to turn out is measured by the capacity of the commonable tenement to maintain; it is to turn out as many commonable animals as the winter eatage of the tenement together with the hay and other produce obtained from it during the summer is capable of maintaining.
THE "COMMONABLE TENEMENT" MEANS THE LAND TO WHICH THE RIGHTS OF COMMON ARE ATTACHED.
THE MEANING OF "SUFFICIENCY" WAS AT ISSUE IN ROBERTSON-V-HARTOPP 1889 HARTOPP WAS LORD OF THE MANOR AND OWNER OF BANSTEAD DOWNS AND HEATH FROM THESE LANDS HE EXCAVATED GRAVEL.
EXPERTS WERE ENGAGED AND FACTS WERE ESTABLISHED: the common had grazing capacity for some 1200 animal, all the commoners rights totalled grazing for 1440 animals, in practice an average of 600 animals were turned out.
THE ARGUMENT WHICH WAS WON WHETHER THERE WAS SUFFICIENCY OF GRAZING WAS AVAILABLE, NOT FOR THE ANIMALS THAT WERE NORMALLY TURNED OUT, BUT ENOUGH FOR THE 1440, SO ANY FURTHER EXCAVATION WOULD INTERFERE WITH THE COMMONERS GRAZING RIGHTS, IN SUMMING UP ROBERTSON WAS SUCCESSFUL AND WON HIS APPEAL, THE JUDGE SAID: THE LORD IS BOUND TO LEAVE PASTURE ENOUGH TO SATSIFY THE COMMONERS RIGHTS, WHETHER SUCH RIGHTS ARE LIKELY TO BE EXERCISED OR NOT.
THE QUANTIFICATION OF GRAZING RIGHTS IS ALSO INTENEDED TO PROHIBIT "SANS NOMBRE"
COMMONERS TO ARE ALSO PROHIBITED FROM "MELIORATING OR ENLARGING" THE AREA OF COMMON LAND THAT IS FOR GRAZING.