An end to deference?

Civility towards golfers did not prevent local residents from asserting a right to take recreation on disputed land

The Supreme Court, in a decision handed down on 3rd March 2010, has overturned the decsion of the inspector, upheld in the courts below, that showing "deference" to a lawful use of the disputed land as a golf course prevented local inhabitants from asserting a right to take recreation on it.   Although with occasional exceptions they were courteous and civil towards those playing golf the fact remained that they were regularly, in large numbers, crossing the fairways as well as walking on the rough. A reasonably alert owner of the land could not have failed to recognise that such use was the assertion of a right and would mature into an established right unless the owner took action to stop it.  The land should therefore be registered as a town or village green under the Commons Act 2006 : R (Lewis) v Redcar & Cleveland BC [2010] UKSC 11

Date Added: 14th March 2010