Practice Note (No. 3)

Resumption Applications — Common Grazings — Minute of Consent by Grazings Committee

The Court have, until now, been willing to accept a Minute of Consent in an application to resume an area from a common grazings where the Minute is signed by the Clerk and Members of the Grazings Committee and declares that, at a meeting of those claiming rights in the common grazings, it was agreed to consent to the application by the landlord to resume a certain area of ground and goes on to deal with other related matters.

The Court have become concerned about the use of these Minutes particularly where they bear only to show that a majority of the shareholders are consenting to the landlord’s resumption application. It may well be that there are a minority of shareholders or one shareholder who objects to the application yet the minority or indeed the sole objector are being overruled by the majority. It may well be that the minority or the sole objector have reasonable grounds for objecting to the resumption of the particular area in question.

In order to be satisfied that all the shareholders are aware of the application before the Court and have had an opportunity to indicate whether they consent thereto or not the Court will as from 1st December 1996 no longer accept a Minute of Consent in the style referred to above but instead will insist on either a Minute of Consent signed by each and every shareholder in the common grazings or will ask the landlord applicant or his agent to provide certified copies of the application which will then be served on each shareholder along with an order giving him or her an opportunity to lodge answers to the application.

Agents’ attention is drawn to the terms of No. 18 of the Rules of Court in terms of which, in any application for resumption where the number of persons called as respondents exceeds 20, the Court may allow the applicant to give notice or intimation of the application by advertisement in each of two successive weeks in any newspaper circulating in the district. Should there be more than 20 respondents in such a resumption application the applicant through his agent should request the Court’s permission to allow intimation by advertisement in terms of No. 18 of the Rules.

September 1996