Publication of the week:

ROWENA MEAGER

Monday 19 July 2010

Rowena Meager, "The 'village green industry': back in business", [2010] 69(2) Cambridge Law Journal (CLJ) 238-240.

This commentary considers the recent judgment of the Supreme Court in R (Lewis) v Redcar & Cleveland Borough Council [2010] UKSC 11. This decision makes a very important contribution to the determination of the proper interpretation of the "user as of right" test which is central to a prescriptive claim (i.e. a claim based upon long use). In the context of new town and village green law, the user as of right test has been plagued by uncertainty in recent years, and this decision represents a welcome return to orthodoxy. It is also important because their Lordships considered what rights arise for the benefit of the local inhabitants once a piece of land is registered as a new town or village green. This is an aspect of the law in this area which has received very little judicial attention and some welcome clarity is provided.

The full text of the article is available on University computers via Westlaw (external link).

Rowena Meager is a property law specialist teaching Land Law and Trusts. She is also a practising barrister at Harcourt Chambers (Temple, London and Oxford), accepting instructions in all areas of property law. She has a particular interest in the law relating to the registration of new greens. Rowena has written a number of pieces for publication on topics related to both Land Law and Trusts and continues to engage actively in research in a variety of areas of property law.