Lewis, R (on the application of) v Redcar and Cleveland Borough Council and Anor [electronic resource]

[2009] EWCA Civ 3, 15 January 2009. Case shows that it will not be possible to register land as a town or village green if the locals have consistently deferred to the landlord's use of that land. Amenity land may thus be subject to development. The appellant (L) appealed against a ruling upholding a decision of the first respondent local authority not to register certain land used by a local golf club as a town green under the Commons Act 2006 s.15. L and others had made the application for registration. A local independent inspector (C) found that, until 2002, the land had been used extensively by local inhabitants for recreational activities (lawful sports and pastimes) for the purposes of the Act. However, C also found the use was not 'as of right' because the locals had deferred to the land use as a golf course. The local authority therefore rejected the application for registration. L appealed. Held: appeal dismissed. The local people had satisfied the criteria for 'use of right' in the respect that they used the land without force, secrecy or permission. However, it is also necessary that the use be such that a reasonable landlord is effectively put on notice that the users are asserting a legal right. The users had not done so because they had consistently deferred to the owner's use. Crucially, the local people had overwhelmingly deferred to the golfers when using the land, as the inspector had found.