“The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. It was not necessary to impose a further test as to whether it would have appeared to a reasonable landowner that the local inhabitants were asserting a right to use the land for the lawful sports and pastimes in which they were indulging. If confronted by such use over a period of 20 years, it was reasonable to expect a landowner to resist or restrict the use if he wished to avoid the possibility of registration.”
WLR Daily, 3rd March 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.