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Tylers Common, Upminster

Volume 489: debated on Thursday 28 June 1951

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54 and 55.

asked the Minister of Agriculture (1) whether he is aware that 74 acres of common land at Tylers Common, Upminster, have been enclosed by the Essex County Council; when application to his Department in regard to this enclosure was made by the Essex County Council in accordance with the provisions of the Enclosure Acts, 1845 to 1882; and what steps he proposes to take to safeguard the right of the commoners and of the public;(2) whether he is aware that the Essex County Council have erected a fence which impedes access to Tylers Common, Upminster, which is common land as defined in Section 193 of the Law of Property Act, 1925; and when his consent to the erecting of this fence was sought in accordance with Section 194 of that Act.

I have received complaints about the erection of a fence on Tylers Common. I understand that the Essex County Council, who are the owners of the soil, have given their permission, but I have received no application for my consent to the erection or enclosure. I have no power to order removal of the fence, but I have drawn the attention of the county council to the matter.In any case where a fence has been erected which prevents or impedes access to land subject to rights of common, without my consent as required by Section 194 of the Law of Property Act, 1925, the power to order removal rests with the county court, who may do so if an application is made to the Court by the council of any county or borough or district concerned, or by the lord of the manor or any other person interested in the common.