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RIDER RIGHTS

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The Governement should sycamore rider-friendly policy !

Yateley Common
Tony Barnett writes to Hampshire County Council

"ANY ATTEMPTS AT APPLYING FOR ENCLOSURE OR ANY OTHER WAY OF IMPEDING PUBLIC RIGHTS OF WAY, CAN BE DISCUSSED IN COURT."

Says Tony Barnett

Says Tony BarnettTHERE ARE MANY CLAIMS TO OWNERSHIP OF COMMON LANDS, MORE SO POST THE 2006 COMMONS ACT AND MAINLY BY LOCAL COUNCILS, OR WHERE OTHER "CONSERVATION BODIES" MAKE CLAIMS THAT "WE HAVE" PERMISSION FROM PERSONS WITH LOCUS STAN-DI.

ON EXAMINATION, THOSE CLAIMS ARE FALSE, MISLEADING TO THE PUBLIC AND COMMONERS.

THE COMMON LANDS THAT HAVE THESE SPURIOUS CLAIMS MADE ARE THOSE THAT WERE REGISTERED BY THE COMMONS COMMISSIONER IN 1965 AND SINCE SUBSTANTIALLY RE ENACTED IN 2006 ARE LANDS WHERE NO OWNERS COULD BE TRACED AND THEREFORE REMAIN UNDER PROTECTION (VESTED) IN THE REGISTERING AUTHORITIES "WITHOUT ANY JURISDICTION".

IT APPEARS THAT THE PRESCRIPTION ACT OF 1832 ARE ALSO BEING USED TO MISLEAD, SO LET ME ADVISE YOU ON THAT ACT?

THE DOCTRINE OF THE PRESCRIPTION, OR THE BASIS OF THAT ACT IS THAT IF A RIGHT-S HAS BEEN EXERCISED FOR MANY VERY YEARS THE LAW WILL PRESUME THAT IT HAS BEEN EXERCISED SINCE AD 1189 AND THUS LAWFULLY EXISTS.

AT COMMON LAW, NO SET PERIODS FOR EVIDENCE OF THE EXERCISE OF RIGHTS ARE LAID DOWN, BUT A CLAIM COULD BE DEFEATED BY SHOWING THAT IT CAME INTO EXISTENCE AFTER 1189.

1189 WAS SET IN 1290 FOR REGISTRATION OF ALL DEMESNE LANDS, THIS DATE WAS USED AS THE ACCESSION BY RICHARD 1 OF ENGLAND, THE ACT KNOWN AS "QUO WARRANTO" 21st MAY 1290, 8th JULY 1290 CAME THE PASSING OF STATUTE "QUIA EMPTORIES" NO NEW MANORS WERE CREATED AFTER THAT DATE.

OWNED COMMON LANDS WERE REGISTERED THUS MAKING THEM PART OF THE "DEMESNE" LANDS OF A LORDSHIPS ESTATE, FREEHOLD IF YOU LIKE.

SUBJECT TO THE ABOVE INFORMATION ANY ATTEMPTS AT APPLYING FOR ENCLOSURE OR ANY OTHER WAY OF IMPEDING PUBLIC RIGHTS OF WAY, CAN BE DISCUSSED IN COURT.

I pine for a more sensible approach to saving our forests

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