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
Yateley Common, Hampshire
"The false representation by the council applicant Emma Noyce is just that, false,"
Says Tony Barnett
Where a Commons Commissioner is unable to discover the owner of a registered common there is no procedure as there could be for a town or village green for vesting the common in a local authority or other person, if nothing further had been done , then such commons would have been at considerable risk of encroachment from nearby properties, for no man's land is in danger of being everyman's land.
Yateley Common would have been in such danger if the Commons Commissioner had not registered the common into the safe keeping of HCC, which now has been likened to a sheep in wolfs clothing, the vesting was under section 9 of the 1965 commons registration act which show's that the commissioner was unable to trace an owner with pre-registration of title deeds to predate 1189, the vesting gave no jurisdiction to HCC .
These are the common lands that are being enclosed, applications are made to PINS for consent to enclose common land, the applicant claims ownership or that the owner is aware of the application, Pins, are not qualified in conveyance or estates so the consent is given, each consent provides a supplementary which states that providing the works are not in breach of any enactment or bye-law, they will be lawful, as Yateley is Rural, there is no bye-laws and as the land is not freehold there is no one to make grants of easement or deeds of grant.
Natural England will be aware of this as will all charities involved, that the common may not be occupied or sold, nevertheless Natural England will foot the bill for the enclosure and pay the council a substantial amount of money in the hundreds of thousands, technically, the land rights if they was freehold, will have those rights suspended, because it is common land and access is allowed, the rights to access common land is guaranteed by s 193, 1925 law of property act, so they content themselves with impediments, which are unlawful and not covered by public liability instead of total enclosure, Natural England make a report to the EU that further land covered by HLS has been gained, they then can return to the EU for more funding, this money is for agricultural land, freehold land not common land even if it was part of the demmesne land of a Lord of the Manor the land could not be fenced in, the false representation by the council applicant Emma Noyce is just that, false, the preemptied consent will also be false.
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