Agenda and draft minutes

Apologies had been received from Deputy Ginsburg.

There were no declarations.

The Committee considered the report of the Superintendent of Epping Forest and were informed that following the analysis of 1500 deed packets, there remain 31 outstanding issues that can be grouped into five categories:

1.     Encroachments (14 issues)

2.     Land in Local Highway Dedication Schemes (4 issues)

3.     Land in Statutory Highway Dedication Schemes (2 issues)

4.     Additional Registration Land (8 issues)

5.     ‘Shortfalls’ of Unregistered Land (3 issues)

Under section 10 of the Epping Forest Act, an Arbitrator was appointed to adjudicate on ownership issues in relation to the extent of Forest Land.  After over 300 hearings, a Final Award was made on 24^th July 1882 which effectively settled the boundaries of the Forest.  The Final Award enjoys the full statutory force of the 1878 and 1880 Acts.

1. Encroachments

There were 14 issues relating to various forms of encroachment on Forest Land.  Over time encroachments would ordinarily build up rights of ownership through a process known as Prescription.  Recent opinions given to the Conservators of Wimbledon and Putney Commons indicate that there remains an unresolved issue as to whether land such as Epping Forest, which enjoys statutory protection, can actually yield prescription under the 1832 Prescription Act

Members noted that the City of London needed to determine how vigorously the organisation should pursue land that has potentially been ‘lost’ to encroachments.  Should the City of London reach a situation where action clearly needs to be taken because evidence and facts allow then an application to the Land Registry to rectify the boundary as opposed to a Court trespass action might be the best route forward.   An exposure to costs will be present either way. It is impossible at this juncture to comment on the extent of any cost exposure in the event of a loss at trial

There were no questions.

There was no urgent business.