NORTH YORKSHIRE COUNTY COUNCIL

COMMONS ACT 2006 — SECTION 13

Notice of an application to surrender a registered right of common and application for removal of the right from the register of common land.

Application Reference Number: CA7 002

Moorland, in the Parish of Laverton (CL 116)

Application has been made to the North Yorkshire County Council by Simon Neville Bostock and Carolyn Kemp Bostock under Section 13 of the Commons Act 2006 and in accordance with the Commons Registration (England) Regulations 2014 for the amendment of the Register of Common Land.

The application, which includes documentary evidence, may be inspected by appointment at the following location between the hours of 8.30am and 5.00pm Monday to Thursday, 8.30 am and 4.30 pm Friday:-

North Yorkshire County Council, Commons Registration, County Hall, Northallerton, North Yorkshire DL7 8AD

Any person wishing to make a representation regarding this amendment: • should quote the Application No. CA7 002 • must state the name and postal address of the person making the representation and the nature of that

person’s interest (if any) in any land affected by the application. • may include an e-mail address of the person making the representation • must be signed by the person making the representation • must state the grounds on which the representation is made • should send the representation to: Commons Registration Officer, Commons Registration North Yorkshire

County Council, County Hall, Northallerton, North Yorkshire DL7 8AD or e-mail to commons.registration@northyorks.gov.uk on or before 13 September 2018.

Representations cannot be treated as confidential, and a copy will be sent to the applicant in accordance with Regulation 25 of the 2014 Regulations. Should the application be referred to the Planning Inspectorate for determination, in accordance with Regulation 26 of the 2014 Regulations, any representations will be forwarded to the Planning Inspectorate.

A summary of the effect of the application (if granted) is as follows: the Registration Authority will amend the Register for unit number CL 147 Right Entry 2 by updating the common land register to show the surrender of the right of common and removing the right from the register.

Dated: 25 July 2018

Barry Khan

Assistant Chief Executive, Legal and Democratic Services North Yorkshire County Council

PART A: DEED OF SURRENDER

Note 1The Surrendering Rightholder is either the owner of the right of common in gross confirmed in box 4 or of the Dominant Land described in box 5.

If there is more than one Surrendering Rightholder, list all

1. Surrendering Rightholder

their names and addresses in full. Use a separate sheet if necessary.State the full titleof the organisation if the Surrendering Rightholder is a body corporate or an unincorporated association, and the company registration number if applicable.

Note 2The Servient Landowner is the owner of the common land described in box 6. If there is more than one Servient Landowner, list all their names and addresses in full. Use a separate sheet if necessary. State the full title of the organisation if the Servient Landowner is a body corporate or an unincorporated association, and the company registration number if applicable.

2. Servient Landowner

19. 4 IS l' lv38383 1

Note 3Enter the names and addresses in full of other persons who are a party to the deed of surrender. For example, a mortgagee or holder of a relevant charge over the Dominant or Sen/ient Land might wish to be a party to the deed.

3. Additional parties to the deed of surrender

Note 4Enter the names and addresses in full of other persons who are a party to the deed of variation. For example, a mortgagee or the holder of a relevant charge over the Existing and/or New Servient Land might wish to be a party to the deed of variation.

4. Right of Common to be surrendered

Description of right of common:

Register unit number(s):

Rights section entry number(s):

If the right is a right in gross (i.e. it is not attached to land) please tick here: Q

NotesInsert description of the land to which the right of common is attached (not relevant for rights in gross). This is known as the Dominant Land.If the right to be surrendered is only part of the registered right(s) of common attached to the land, please identify the land to which it relates.

You should give a grid reference or other identifying detail such as the Land Registry title number, to enable the land to be located.

5. Dominant Land

Name by which the land is usually known:

Location (postal address, Ordnance Survey grid reference or Land Registry title number):

You must supply an Ordnance map of the Dominant Land, which must be at a scale of at least 1:10,560 and show the boundary accurately edged in blue.

I confirm that the Dominant Land is shown edged blue on the attached map: □

Note 6Insert description and particulars of the area of land over which the right is exercisable. This is known as the Servient Land. You should give a grid reference or other identifying detail such as the Land Registry title number, to enable the land to be located.

6. Servient Land

Name by which the land is usually known:

Location (postal address, Ordnance Survey grid reference or Land Registry title number):

la 4 IS 1‘ 138383 1

Note?This is the operative section of the surrender. Please seek legal advice before completing this form if you are unsure about its effect.

There are two types of title guarantee, though either may be modified. In providing such guarantees the Surrendering Rightholder(s) give(s) certain binding promises relating to the surrender. If you have any concerns or queries about the effect of these title guarantees please seek legal advice before completing this form. Insert any modifications to the title guarantees in this box.

7. Surrender

The Surrendering Rightholder hereby surrenders with full/limited title guarantee {delete as necessary) the right of common described in box 4, to the intent and purpose that such right shall be extinguished.

The Servient Landowner hereby accepts the surrender.

Note 8Insert here any consideration payable and any other agreed terms (e.g. consent of the Servient Landowner’s chargee). This will include any additional provisions required if the surrender is of only part of a registered right of common.

Please seek legal advice if you are unsure of the effect of provisions included in this box.

8. Additional provisions relating to the Surrender

Note 9Every Surrendering Rightholder must execute this form as a deed. The Land Registry has issued guidance on the execution of deeds. However, please seek legal advice if you are unsure how to execute. If there are additional parties to the surrender, they should also execute.

9. Execution of deed

Note 10Insert the date of completion of the deed of surrender in this box.

10. Date of Surrender

la 4 IS i 138383 1

PART B: REGISTRATION

Note 11Insert name of commons registration authority.

11. Commons Registration Authority

To the:

fsJO QriH 7oR KS'H ( fcjr o rsTTy

Tick the following box to confirm that you have enclosed the appropriate fee for this application: Q

Note 12An application to remove a right of common from the commons register under section 13 can be made only by either: (i) the owner(s) of the land to which such right is attached (the Dominant Land) or (if the right is in gross) the owner(s) of such right (in either case known as the Surrendering Rightholder); or (ii) the owner of the land over which such right is exercisable (the Servient Landowner). (In each case, if there is more than one Surrendering Rightholder or Servient Landowner, then all such Rightholders or, as the case may be. Landowners, must apply). Use a separate sheet if necessary. State the full title of the organisation if the applicant is a body corporate or an unincorporated association, and the company registration number if applicable. If you supply an email address in the box provided, you may receive communications from the registration authority or other persons (e.g. objectors) via email. If box 13 is not completed all correspondence and notices will be sent to the first named applicant.

Name:

12. Name and address of the applicant

CL- /CeTr^P

Postal address:

fft-r*rL_<ry s.e -Loqe

Telephone number:

Fax number:

E-mail address:

Note 15Box 15 requires completion only if Part A of the Form is not used.Enter the description of the Right of Common to be surrendered. Insert the numbers of the register unit(s) and rights section number entry number(s) of the right in the common land register. Indicate whether the right is in gross.If your application relates to only part of a right, this application must be accompanied by application under section 8 to apportion the right.

15. Right of Common to be removed from the register

Description of right of common:

Rights section entry number(s):

a

If the right is a right in gross (i.e. it is not attached to land) please tick here: □

Tick this box if you have applied to register an apportionment of the right: □

15 4 18 1 i38383 1

Note 16Box 16 requires completion only if Part A of the Form is not used (but an Ordnance map of the Dominant Land is required).

Insert description of the land to which the right of common is attached (not relevant for rights in gross).This is known as the Dominant Land. If the right surrendered is only part of a registered right of common attached to land identify the land to which it relates.

You should give a grid reference or other identifying detail such as the Land Registry title number, to enable the land to be located. You must supply an Ordnance map of the Dominant Land, which must be at a scale of at least 1:10,560 and show the boundary accurately edged in blue. If the right is held in gross please disregard this box.

Name by which the land is usually known:

16. Dominant Land

Location (postal address, Ordnance Survey grid reference or Land Registry title number):

I l ' J

I confirm that the Dominant Land is shown edged blue on the attached map: Wf''

Note 17Box 17 requires completion only if

17. Servient Land

Name by which the land is usually known:

is not used.

Insert description and particulars of

/ l 3.3.

the area of land over which the right is exercisable. This is known as

Location (postal address, Ordnance Survey grid reference or Land Registry title number):

the Servient Land. You should give a grid reference or other identifying detail such as theLand Registry title number, to enable the land to be located.

Note 18Where the applicant is

18. Declarations of consent from every Surrendering Rightholder (where the applicant is the Servient Landowner)

the Servient Landowner, consent of the Surrendering Rightholder(s) is required to the application. Either list or enter here all declarations of consent from the Surrendering Rightholder(s), or include in the box any declarations made and signed. Include the full name and address of every Surrendering Rightholder.

19 4.18 -1^38383 1

/

Note 19List all supporting documents which accompany the application.This will include evidence of your capacity to apply. There is no need to submit copies of documents issued by the registration authority or to which it was a party but they should still be listed.List the documents in the box, or write in any evidence. Use a separate sheet if necessary.

19. Supporting documentation

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Note 20List any other matters which should be brought to the attention of the registration authority (in particular if a person interested in the land is expected to challenge the application for registration). Full details should be given here or on a separate sheet if necessary.

20. Any other information relating to the application

THIS DEED is made the 2018

2^^ day of /\A ^wU-

BETWEEN JONATHAN MARK SWALES of 69 Pannal Ash Road, Harrogate, HG2 9AA

and CAROLINE ANN HEBBLETHWAITE of Wydra House Farm, Wydra Lane, Fewston,

Harrogate, HG3 iSY ("the Executors”) of the one part and SIMON NEVILLE BOSTOCK

and CAROLYN KEMP BOSTOCK both of Low Green House, Pateley Bridge, Harrogate,

North Yorkshire, HG3 5PJ ("the Owners”)

WHEREAS

A. The Owners are the proprietors of a piece of land containing 113.2 acres known as

Moorland in the Parish of Laverton in the rural district of Ripon and Pateley

Bridge ("the Common”) and their title to the Common is registered at HM Land

Registry under title number NYK323166.

B. The Executors are the executors of HEATHER RUTH SWALES who died on the

24th day of September 2017 probate of whose Will was granted to the Executors

out of the Leeds District Probate Registry on the 13th day of March 2018.

C. At the date of her death HEATHER RUTH SWALES was the surviving owner in

fee simple of land at Hoggerstone Hill Dallowgill near Ripon by virtue of a

Conveyance dated the 19th day of July 1974 made between Clara Burrill and Nellie

Burrill of the one part and Arnold Swales and Heather Ruth Swales of the other

part.

D. There are registered as appurtenant to Hoggerstone Hill Dallowgill shown edged

red on the plan annexed to the said Conveyance the rights to graze one hundred

sheep and ten cattle, and the right to take stone and a right to shoot and a right of

turbary ("the Common Rights”) over the whole of the land comprised in the

register unit number CL16 registered with West Riding County Council as the

registration authority pursuant to the Commons Act 1965 in respect of the

Common which register unit comprises the land now registered in the Land

Registry under title number NYK323166.

E. The Executors have not made any transfer or conveyance of the said land or the

said rights, but have agreed with the Owners for the sale of the rights to the

Owners at the price of £14,000.00.

19 4 18'I 138303

T

DA. TED19th., October, ,1954.

MR, & MRS, J« HQV<ELL

------ to —

MR, & MRS, L. BURRILL

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CON V S Y A M G 5

of property known as Hoggerston Hill,

la vert on near Ripon in the County of

York...

i11Sit‘

Hutchinson & Buchanan,

RIPON#

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“lPRODUCED/.

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THIS COKVEYAIiCS is made the nineteenth day ofOcto

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thousand nine hundred and fifty four BET'.yBHH NELLIE HO'.VELL the Wife

3owell end the said TATES HOWELL Farmer both of Will Farjn, Aserley near Ripon

in the County of York (hereinafter nailed "the Vendors") of the one part and

.E’.VIS BURR ILL of Lady Hill Farm, Dallowgill, Kirkby Yalzeard near Ripon afore­

said Farmer and WINIFRED HAHNAH BURRILL Wife of the said Lewis Burrlll (herein­

after together called "the Purchasers") of the other part...

V H E R E A S : -

1. By an Assent dated the Twenty seventh day of January One thousand nine

hundred and forty nine and made between Herbert Wells and the said James Howell

of the one part and the Vendors of the other part the property hereinafter

described was vested in the Vendors in fee simple Upon Trust to sell the same

and to stand possessed of the net proceeds of sale and of the net rents and

profits until sale upon the trusts therein declared...

I2, The Vendors in execution of the said trust for sale have agreed with th.

Purchasers for the sale to them of the said oroperty hereinafter described fft

an estate in fee simple in possession free from incumbrances at the orice of

b.NE THOUSAND EIGHT HUNDRED AND SEVENTY FIVE POUNDS. . .

. The said purchase price of ONE THOUSAND ELUHT HUNDRED AND SEVENTY FIVE

FOUNDS has been provided by the Purchasers in egual shares and proportions...

NOW in nursuance of the said agreement and in consideration of the sum of ONE

irHTTT^Atm v.raHT wmmFTRn a^ -i-w- n.,1

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Vendors as such Trustees as aforesaid (the receipt of which sum th* Vendors'

lereby acknowledge) THIS CONVE^IHCE WITNESSETH as follows :-

1. The Vendors as Trustees hereby convey unto the Purchasers ALL ^HAT the

lereditaments and preMses described in the Schedule hereto TO HOLD the same

Unto the Purchasers in fee simple as Joint tenants...

2. As between the Purchasers It is HEREBY AGREED AND DECLARED as follows

~L,Jhe Purchasers shall hold the premises hereby conveyed Upon trust to sell

the same and shall stand possessed of the net moneys to arise from any such sale

and the net rents and profits thereof until sale or of the unsold part thereof

for the time beinS Upon trust for the Purohasers as Joint tenants beneficially. .

(11) Pending a sale of the premises hereby conveyed pursuant to the trust for

sale hereinbefore declared the Purchasers or other the trustees or trustee for

the time beina hereof shall durina; the lives of the Purchasers and the life of

the survivor of than and the period of Twenty one years after the death of such

survivor have the same full and unrestricted powers to mortgage lease or other­

wise dispose of the premises hereby conveyed or any part thereof as If they were

;he absolute owners thereof. . .

5- I^l ls -^eby certified that the transaction

Dart of a larger transaction or of a series of

;he amount or value or the aggregate amount or

hereby effected does not form

transactions in respect of which

value of the consideration exceed

£_1

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LAV

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19 4 18 1 138383 1

CONVEYANCE is made the day of

nine hundred and seventy four BETWEEN CLARA BURRi

of Backfall House Farm Grewelthorpe Ripon North Yorkshire

Widow and NELLIE BURRILL of Carlsmoor Kirby Malzeard Ripon

bl%i' m';

aforesaid Married Woman (hereinafter called " the Vendors")

the one part and ARNOT.n SWALES of 72 Pannal Ash Road Harrogi

North Yorkshire and HEATHER RUTH SWALES of the same address

wife (hereinafter called "the Purchasers") of the other part

WHEREAS (1) Lewis Burrill (hereinafter called "the Intestate"

on the Twelfth day of January One thousand nine hundred and s>

four intestate and Letters of Administration to his estate we:

granted on the Twenty sixJh day of March One thousand nine hum

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IgfeiMji

and seventy four out of the Leeds District Probate Registry to

Vendors ______ ■■ ^ 'w‘(2) The Intestate was as his death seised of the proj

hereinafter described for an estate in fee simple in possess:

free from incumhrannes

(3) The Vendors have agreed with the Purchasers for the sale

to them at the price of Fifteen thousand nine hundred pounds of the

fee simple of the property hereby conveyed subject as hereinafter

mentioned but otherwise free from incumbrances and the Purchasers

have agreed that the same should be vested in them as joint tenants

in manner hereinafter annanring

(4) The Vendors have not given or made any Assent or

Conveyance in respect of any legal estate in the said property

NOW THIS DEED WITNESSETH as follows;-

1. IN PURSUANCE of the said agreement and in consideration of the

sum of Fifteen thousand nine hundred pounds paid by the Purchasers

to the Vendors (the receipt whereof the Vendors hereby acknowledge)

The Vendors as personal representatives of the Intestate and in

exercise of their statutory powers HEREBY CONVEY unto the Purchasers

all THAT the property described in the Schedule hereto TO HOU the

same unto the Purchasers in fee simple as beneficial joint tenants

SUBJECT to all existing rights of way water light and drainage and

in particular to a right as at present enjoyed by the owner of

Azerley Grange Farm to take a supply of water to the farm buildings

adjacent to field No. 476 on the Ordnance Survey Plan TOGETHER with

the right for such owner to enter upon the property hereby conveyed

for the purpose of cleansing repairing maintaining and renewing the

pipes used in connection with the said water supply SUBJECT to his

making good forthwith any damage occasioned during the course of

exercising such right as aforesaid f

2. THE Purchasers hereby declare that they the Purchasers or other

the trustees for the time being of this deed shall have full power

to sell mortgage charge lease or otherwise dispose of all or any part

of the said property with all the powers in that behalf of an absolut<

owner

3. TOE Vendors hereby acknowledge the right of the Purchasers to

production of the said letters of administration dated the Twenty i

sixth day of March One thousand nine hundred and seventy four and to

delivery of copies thereof.

4. IT IS hereby certified that the transaction hereby effected does

not form part of a larger transaction or of a series of transactions

in respect of which the amount or value or the aggregate amount or

value of the consideration exceeds Twenty thousand pounds

IN WITNESS whereof the parties hereto have hereunto set their

hands and seals the day and year first hereinbefore wtt

THE SCHEDULE above referred to

ALL THOSE several closes or parcels of land situate at Hogza Hill

Laverton in the Parish of Kirkby Malzeard aforesaid formerly said to

contain Seventeen acres three roods twenty five perches but by more

recent measurement found l!o contain 18.591 acres or thereabouts ALL

which said closes of land are more particularly described and for

the purposes of identification only delineated on the plan attached

hereto and thereon edged red AND ALSO ALL THAT dwellinghouse and

outbuildings erected thereon or on some part thereof known as

Hoggerstone Hill Laverton n-fnre.ciaid