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YateleyCommoners

Page history last edited by PBworks 12 years, 6 months ago

How many people have common rights over Yateley Common?

Page prepared by Peter Tipton, Yateley Commoner

 

If you own any of the properties listed below please come to the Yateley Society stand in the community marquee at May Fayre, Yateley Green on May Bank Holiday 5 May 2008

 

23 commoners were confirmed to have common rights by the High Court in the 1970s, and were duly recorded in the Register of Commons held by Hampshire County Council.

 

However this is the right answer to the wrong question. Properties have common rights. Persons only have common rights because they own the property. When those persons move, the new owners acquire the common rights to the property. So the Rights Section of the Registers is actually a list of properties. A major defect of the Commons Registration Act 1965 is that it did not require, or even allow, the Rights Section to be updated to record the names of current owners of those properties having common rights. Unless their solicitors made a search of the Commons Registers some property owners may not even know they have common rights. The Common Act 2006 will rectify this situation.

 

Of the properties confirmed as having common rights, many were owned jointly, or in common, by husbands and wives, so even the number 23 is confusing. Another confusion regarding the number 23 is that some families at the time of registration owned more than one property, some owned several. So the number of individual properties on the register is now far more than 23. When these properties were sold to different new owners, the number of commoners at first actually increased.

 

I shall list on this page all the 28 properties in Yateley which had common rights at the time of the Commons Commission's decision in 1975. Of course the names of some properties will have changed in the last 30 years. So if you know your property had one of these names 30 years ago please contact me.

 

Name of Property1970s addressPostcode 2008
Poor Row or Silver Fox Farm
Moulsham House GU46 7PN
Windy Ridge Vigo Lane GU46 6EP
Yateley House GU46 6PY
Five Acres Cobbetts Lane GU46 6AT
Heatherside Reading Road
Cricket Hill Cottage GU46 6BA
Cottage Farm Cobbetts Lane GU46 6AT
Wicks Field Reading Road
Brackens Cricket Hill GU46 6BD
The Old Cricketers Cricket Hill GU46 6BA
Lea Cottage Cricket Hill GU46 6BA
Grasshoppers Cricket Hill GU46 6BB
Holly Cottage Cricket Hill GU46 6BD
Carolina Hall Lane
Moorside and land at Cricket Hill GU46 6BB
1 Laurel Cottages GU46 6BD
2 Laurel Cottages GU46 6BD
1 Bramley Cottages GU17 0NS
2 Bramley Cottages GU17 0NS
1 Jessamine Cottage
Moonrakers Cricket Hill GU46 6BA
Quarry House GU46 6XW
Bayfield House and land adjoining GU17 0BE
Oaklands Vigo Lane GU46 6ES
Heathfield Blackwater Flats GU46 0AS
Tudor House Cricket Hill GU46 6XW
Monteagle House GU46 6LU

 

Since 1975 the above list has probably changed significantly for two other reasons:

  • Some properties may have been divided into two or more separate residences
  • Some properties may have become small or even massive housing estates

In the first case it may be possible to apportion the common rights between the properties.

In the second case, under the 1965 Act, it had been previously contended that the rights had been completely lost since 1965. There were rules which determined whether rights can be apportioned or lost. The Commons Act 2006 requires that the commmons registers be up-dated, and it seems that rights properly registered under the 1965 Act may not have been lost after all, only rendered unusable. I do not yet understand this, so please phone me if you believe you may have common rights.

 

I do not believe that part 1 of the 2006 Act has yet been enabled. When it has the County Council will be updating the Commons Register for Hampshire. If you are now the owner of the property you will be able to apply to have your name placed on the updated register. The name of your property may have changed in the last 30 years, so you will be able to apply to have the name changed. The county will undoubtedly require proper evidence not just an email or letter. It may be that you live in one of the estates on which stood, Carolina in Hall Lane, Yateley House now Lower Canes, or one of the Charles Church house on Vigo Lane once the property of Windy Ridge. You may be able to have the orginal rights appointioned provided you meet certain conditions. In the meantime please let me know if you own any of the above properties. Either contact me by phone or through the wikimaster of this site.

 

If you own any of these properties please come to the Yateley Society stand in the community marquee at May Fayre, Yateley Green on May Bank Holiday 5 May 2008

 

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