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COLIN HALL v (1) SHIRLEY MOORE (2) GERALD HARRIS (3) CYNTHIA HARRIS

Rights of common of pasture over certain common land that were attached to a farm did pass to the tenant with his tenancy of the farm. The rights of common attached to the farm had not been waived by agreement before the grant of the tenancy agreement.

31 March 2009

The appellant (H) appealed against a decision that he was not entitled to his claimed right of common to graze livestock on certain common land. The land, at Powick in Worcestershire, was subject to registered rights of common of pasture recorded in a register maintained by the local authority. It comprised some ten acres. The registrations were made under the Commons Registration Act 1965. The rights were exercisable one year in three. Those entitled to registered rights of common over the land included the trustees of an abbey. Their rights were rights of common of pasture on the land in respect of defined numbers of cattle, horses or sheep. They were registered as attached to a farm adjacent to the land. H was a tenant of the farm from the trustees. His case was that his tenancy agreement impliedly granted him the trustees' rights of common attached to the farm by application of the Law of Property Act 1925 s.62. He complained that the respondents who had acquired the land had wr...

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