The HL decision in the Oxford case provides some clarification as to when a
village green can be registered under s22(1) Commons Registration Act 1965.
The starting point, of course, is that any ‘town or village green’ is registerable if
it can be shown that the ‘inhabitants of any locality indulged in lawful sports and
pastimes as of right for not less than 20 years’.
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Section 15 of the Commons Act 2006 came into force in early
April. David Shakesby examines the background to the new
provision and its implications for developers.
Landowners cannot afford to ignore evidence of the possibility of
prescriptive rights being claimed, nor hide behind lease
covenants and fail to take action. Laura Small investigates.
