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On appeal from: [2009] EWCA Civ 3  

The appellant was one of five residents who applied under the Commons Act 2006, s 15 to have Coatham Common in Redcar registered as a town or village green. The issue before the Court was whether the land had been used “as of right” for sports or pastimes for a period of 20 years. The Court unanimously allowed the appeal. In order to be “as of right” use must  not be by force, nor stealth nor permission of the landowner. Just because residents showed civility towards the landowner did not mean they were not asserting a right to take recreation on the disputed land. Although registration might increase the residents’ use of the land, this would not be incompatible with the owner continuing with his previous use.

For judgment, please download: [2010] UKSC 11
For the Court’s press summary, please download: Press Summary
For a non-PDF version of the judgment, please visit: BAILII