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On appeal from: [2012] EWCA Civ 262; [2012] EWCA Civ 250.

Land that has been used by the inhabitants of a locality for sports and pastimes as of right for at least 20 years can be registered as a town or village green, pursuant to the Commons Registration Act 1965. If the registration is wrongly made, an application can be made under s 14(b) for the register to be rectified. The issue in these appeals was the effect of a lapse of time on an application for rectification. Held: a lapse of time is not immaterial to the justice of applications for rectification, but in these cases there was no evidence before the court to show that significant detriment to others had occurred as a result. The crux of the matter is usually detriment.

For judgment, please download: [2014] UKSC 7
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