Decision details

A report was presented on an application from John Douglas James Welbank and Sylvia Margaret Welbank to record a transfer of rights in gross, namely the right to graze 26 sheep gaits, between John Stephen Brown, the Transferor and the Applicants, the transferees, on 6^th November 2012, which had been previously attached to Ireby Green, Ireby, as shown on the supplemental map attached to the agenda papers.

The Committee noted that this was an application under Section 12 of the Commons Act 2006, and sought to amend the relevant entry in the rights section of the Common Land Register Unit CL23, to record a transfer of a commons right in gross (a right of common not attached to land but instead held by a person (e.g. under a deed)).  This case was in relation to the rights to graze 26 sheep gaits over the whole of CL23 (Ireby Fell).

In order for the transfer to be recorded, the Commons Registration Authority needed to be satisfied that the application had the effect of evidencing that the Applicants were the transferees of that right and that the registered owners of the right of common consented to the application.

It was reported that, in this case, the supporting documents submitted with the application did evidence that the Applicants, John and Sylvia Welbank, were the transferees and that the Commons Registration Authority, along with the application papers, also had confirmation of the transferor's consent to the application.

Resolved:  That the application be accepted, and the transfer of rights in gross be recorded in the Commons Register, in accordance with Section 12 of the Commons Act 2006, that Mr John Douglas James Welbank and Mrs Sylvia Margaret Welbank, were entitled to exercise the right to graze 26 sheep gaits on common land unit CL23.