The Preservation of Open Spaces, and of Footpaths, and Other Rights of Way: A Practical Treatise on the Law of the Subject

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Cambridge University Press, Oct 3, 2011 - Business & Economics - 454 pages
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Sir Robert Hunter (1844-1913) became a leading legal authority on common land. As solicitor to the Commons Preservation Society, where he first met Octavia Hill, he was instrumental in saving Hampstead Heath, Epping Forest and the New Forest for the nation, and he developed the principles of protection upon which the National Trust would be founded. First published in 1896, and informed by a lifetime of experience, this work was devised specifically to instruct 'those who are interested in preserving the open lands of the country'. Covering iconic English landscapes ranging from cliff tops to forests and from village greens to allotments, each chapter explores real cases and the statutes that shaped their conclusions. The result is an account of the nineteenth-century legal developments that provided the foundations which both government and charitable bodies have since used in preserving the heritage - both natural and man-made - of the nation.
 

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Contents

Of the nature of a Common and the rights thereon
1
Of the Inclosure of a Manorial Common by the Lord of the Manor _ _
8
BERRIDGE Q WARD 258 304
13
PAGE 14 59
14
Of Rights of Common connected with the Manorial system
23
HART 298
29
EYRE 35 38
35
Of Rights of Common not connected with the Manorial system
42
Of the Regulation of Commons as Open Spaces I Under
221
the Metropolitan Commons Acts
222
Of the Regulation of Commons as Open Spaces II Under the Commons Act 1876
237
Of the Nature of a Footpath
253
DAv1Es v sTEPHEN 254 265 268 270
254
GATEwAmJs CASE 66 67
258
Of the Obstruction of Footpaths and herein of their Dedication
261
LANE 12 170
268

0f Common of Estovers and Common of Turbary
50
FISHER 0 PROWSE 269
54
Of Rights of Digging Gravel and other species of Subsoil
58
aOf Rights of Sole Vesture and Sole Pasture
61
CoLcREsrER CORPORATION or AND J oun
64
Of Claims by the Inhabitants of a District to enjoy Rights On a Comm on
65
e Of the Mode of ascertaining Common Rights and of the Loss or Extinguishment thereof
72
Of the Power of Local Authorities to prevent Inclosures by the Lord of the Manor
79
Of the Inclosure of a Manorial Common by way of Copyhold Grant
93
FITCH 179
94
Of the Disfigurement of a Manorial Common and herein of the Powers of Highway Authorities
97
CoNEYs CAsE
99
Chapter X1II Of the Inclosure of a Manorial Common by the Authority of Parliament
106
Of Common Fields Meadows and Pastures
126
CoREErs Sm M1LEs CAsE
138
Of the Waste and Commonable Lands of a Forest
145
Of Village Greens
175
Of Fuel Allotments and Recreation Grounds
188
Of Exceptional Provisions as to Inclosure
197
THE EccLEsIAsT1oAL Commis
203
Of the Appropriation of Common Lands for the purposes of Industrial Undertakings
208
Of the Remedies for the Obstruction of Footpaths
273
PETLEY 274 311
274
Of the Stoppage or Diversion of a Footpath by an Order of I
282
Of the Repair of Footpaths
292
DANBY 269 271
297
Of Roadside Waste
303
LLOYD 0 EARL Powrs 37 109
304
rTII RURAL DISTRICT CoUNc1L v
312
Of Foreshore and Clifls
318
Of Rivers and Lakes
325
LUTTRELLs CASE 53
327
Note as to Close and Open Times in Common Fields
345
MILLIc11AMI 0 ToIINs0N 178
346
Judgment of Sir George Jessel Master of the Rolls in
353
Act and Scheme under the Metropolitan Commons Acts
367
Provisional Order under the Commons Act 1876 for
379
Memorandum of the Local Government Board as to
385
Memorandum of the Local Government Board as to
392
INDEX _ _
399
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