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Hall, some leasehold land upon which Stables stand, and other freehold
land in Munster Road, on which Stables are being erected.
If my view as to the persons entitled to Lammas Eights is correct, the
Vestry would be qualified to talce proceedings to establish these rights of
course assuming that the Vestry has not been prejudiced bv former
proceedings.
If on further investigations it should be found that no land belonging to
the Vestry was ever held of the Manor, the Vestry might not be entitled to
such lights, and I should advise the Vestry if it wishes to contest the case,
to acquire a piece of land which was or is undoubtedly held of the Manor.
It there are difficulties in the way of this, the Vestry might claim in
respect of its own property and arrange with some freehold or copyhold
tenant of the Manor to join with it as Plaintiffs in an Action, the Vestry, of
course taking upon itself the responsibility of the case. There must be a
large number of tenants of the Manor, and I do not think there should be
any difficulty in finding a gentleman imbued with sufficient public spirit to
take the small trouble which such a step would involve. A member of the
A estry who is a also nopyholder would be eminently a suitable co Plaintiff.
The qustion for the Vestry from a Practical point of view To look now at the question from a practical and pecuniary
point of viow. There are about GO acres of land, exclusive of the
Railway Company's property, which are alleged to be subject to
Lammas Rights. Judging by the price obtained for the Church Acres,
namely, £1,750 for 1-a. 3-r. 0-p. these sixty acres must be worth £60,000.
In the case of ordinary Common Lands, the value of the Commoner's
interest upon enclosure is generally placed at 11-12ths to 14-15ths of the
whole, but in the case of Lammas Lands, in which there is no element of
building value to be taken into consideration. I should say the Commoner's
interest would not be so large, for they only have the use of the land for
half the year. I should think that their interest in such a case would be
a little more than half.
But in a ease where the total value of the land unencumbered would be
largely increased by a high building value, I think the Commoner's
interest would be increased, but not in a direct ratio.
Value of Lamms Rights Commoner's interest is one of an obstructive nature, which
prevents the building value being realized during the existence
of the Rights, and therefore, altheugh the Commoners may only be
entitled to half the agricultural value of the land, they would, I think, be
entitled to at least nine-tenths of the value given by the building element.
Assuming then that the agricultural value of the land is £200 per acre,
the Lammas Rights would be worth £6,000. Assuming the value of the
land for building purposes to be £1,000 per acre, the value of the building
element is £800 per acre, or £18,000 for the whole, nine-tenths of which is
£43,200, making the net value of the Lammas Rights £49,200, or very
nearly £50,000
Question for Of course this is a point more for the opinion of a Surveyor
Vestry. than of a Lawyer, but adopting it foi the present argument, the
Parish, as a whole, is interested in the lands from a pecuniaiy point
alone to the extent of £50,000, and the question for the Vestry to consider
is, whether it would be justified in spending the Ratepayers' money with
the view of making good that claim.
In the event of total failure, the Ratepayers would possibly have to pay
£2,000, and therefore it may be said is it worth risking £2,000 to make
good a claim to £50,000.