R (on the application of Beresford) v Sunderland CC  UKHL 60
Property Law – Commons – Town or village green – Registration
A new town development created a town plan that identified an open space in the town as a playing field/parkland. For over 20 years, the open space was used for recreational use, was mowed and kept in useable condition. Access was provided to the public. The land was sold to the council and the practice continued. Beresford applied for registration of the land on the ground that it had been used “as of right” under s 22(1) of the Commons Registration Act 1965 (the Act). The council claimed it was a use of right by an implied licence.
Whether a claim to use the land “as of right” within the meaning of s 22(1) of the Act was defeated by an implied licence.
Appeal allowed. The activity of the authority over the last 20 years and more did in no way indicate that the use of the land was revocable at any time due to a licence. The act of mowing the grass and maintaining the area for general public use encouraged the area to be used for recreational purposes, and continued without any break of such use for more than 20 years. No other evidence could reasonably infer that the land was available to be used, the use had been “as of right” within the meaning of s 22(1) of the Act. Thus, the refusing of the application for the land to be registered as a town green would be quashed.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
Who Will Inherit Your Property?
I’m writing this letter consiquent to our meeting of 29-12-09 wherein you made the following requirements.You wanted to know who will inherit your property if you die without a valid will while still married to Romeo....
Dhanani v Crasnianski
The defendant, Mr Crasnianski was a scientist and inventor. He met the claimant, Mr Dhanani by chance on the Eurostar whilst travelling from Paris to......