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Village green - registration Print
The litigation over the registration of towns and village greens continues. The latest twist to the saga is that the CA has overruled the previous High Court guidance on this, and so created fresh confusion.

The issues are complex and we do not have space to debate them here. However, those involved in town and village green claims should be aware of the latest twist, and the fact that the CA has made it even more complicated to bring such claims. For instance, the CA has now decided that an applicant must show that the relevant use has continued up to the date of registration; that means that the owner of the land, who will by then have been alerted to the application for registration, can take action to bring the use to an end before the actual hearing of the application. Accordingly, the landowner may simply be able to thwart such applications by taking appropriate steps before the date of the hearing! Needless to say, for that piece of logic alone, the decision is almost certainly likely to be appealed to the HL. The only real solution, however, does seem to be legislation. Oxfordshire CC v Oxford CC [2005] EWCA Civ 175.

April 2005
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