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Registration of town and village greens: use of land "by right" or "as of right" (Supreme Court)

Practical Law UK Legal Update Case Report 2-568-9088 (Approx. 6 pages)

Registration of town and village greens: use of land "by right" or "as of right" (Supreme Court)

In R (Barkas) v North Yorkshire County Council and another [2014] UKSC 31, the Supreme Court has upheld the decision of the Court of Appeal that the use of a recreation ground by local inhabitants was "by right" and not "as of right", meaning that the land could not be registered as a town or village green.
The Supreme Court distinguished R (Beresford) v City of Sunderland [2003] UKHL 60, and held that Beresford should no longer be relied on.

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End of Document
Resource ID 2-568-9088
© 2024 Thomson Reuters. All rights reserved.
Published on 23-May-2014
Resource Type Legal update: case report
Jurisdictions
  • England
  • Wales
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