Another Case on Curtilage

13 January, 2022

Can curtilage include land which has no demarcation on the ground? The Open Spaces Society said No, but North Yorkshire County Council disagreed. The upshot was that the Council de-registered the land surrounding three historic buildings on Low Moor, Richmond (Yorkshire) which had no boundary on the ground.

Another Case on Curtilage

13 January, 2022

Can curtilage include land which has no demarcation on the ground? The Open Spaces Society said No, but North Yorkshire County Council disagreed. The upshot was that the Council de-registered the land surrounding three historic buildings on Low Moor, Richmond (Yorkshire) which had no boundary on the ground.

The buildings had been erected in connection with the use of the moor as a racecourse but that use had come to an end in 1891. The buildings currently had no use. Following service on it of judicial review proceedings and the grant of permission by Lieven J, the Council agreed to its decision being quashed and to reconsider the matter.

Richard Buxton, Solicitors and Philip Petchey acted for the Open Spaces Society