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Sudbury Common Rights

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Sudbury Common Rights Transfer of Traditional Rights to New Land Wardman Meadows Ancient Rights (Customary Law) The Freemen of Sudbury had, for centuries, held rights to graze, after harvest; most arable and grass lands throughout the Borough. Land subject to these rights was referred to as 'Shack' land. Other traditional rights included those over wasteland and flood meadows specifically designated for the Freemen. Sudbury Town-Lands Act 1838 (Statutory Law) Grazing rights over Sudbury shack lands were an impediment to the development of the Town. By an Act of Parliament the rights over the Shack--Lands were extinguished in exchange for replacement lands (with rights over) including Sudbury North Meadow and Harp Close Meadow. Suspended Rights (Not surrendered) Freemen's grazing rights, due to the sale of Harp Close Meadow by the Trustees, have been suspended. The Freemen of Sudbury have not actively surrendered their legal rights and have anticipated an exchange of their rights to new land - ultimately Wardman Meadows. Modern Times (Participation) The Freemen would accept an argument that financial benefit should not be gained (specifically over Wardman Meadows) by any privileged position of the few remaining Freemen, However, it is essential that the ongoing tradition of legitimate inherited rights be maintained. Conclusion It would seem reasonable for the Trustees and the Freemen to arrive at an agreement to extend the rights over Wardman Meadows but that this be conditional that the 'rights' are not actively exercised. Alan Shelley Freeman of Sudbury 6 October 2008 NOTES:123 1 Harp Close Meadow 16 acres of grazing land purchased in 1880's under the 1838 Act sold 1987 to NHS £850,000. The land was not registered common land under 1965 Commons Registration Act. Freemen's Grazing Rights were suspended (awaiting transfer). 2 Wardman Meadows (formerly Barleyman Meadows) 39.29 acres of grazing land aquired 1998 and subsequently purchased. The land has not been registered as Common Land. 3 Friars Meadow 25 acres of grazing land (now recreational) which Freemen had half-yearly 'shackage' rights. The land was sold to the Borough in 1960's (with the possible exception of Lady's Island)- Freemen's Grazing Rights suspended? Common Rights over Replacement Land- Wardman Meadows Customary Tradition at Sudbury Suffolk • The Common Lands; John Wardman published a pamphlet in May 1991 entitled "Sudbury Common Lands - The Position as Viewed by the Chairman of Trustees". In his introduction he stated "I consider it unfortunate that the generally accepted name for the meadows is the Common Lands; the more historical name - The Freemen's Lands - is slightly more accurate". The lands have been grazed 'of customary right' by the Freemen of Sudbury over many centuries. • The Commonalty of Sudbury; 'Commonalty' as employed within Charters is often mistranslated. The correct expression is used to describe the commoners who have legitimate right over the use of something. This does not describe the 'general public' or even the 'general' inhabitants of a neighbourhood. In Land Law, the 'commonalty' describes a tract of land with right holders over it. • Transfer of Rights; Sudbury has a traditional history of grazing rights, held by Freemen, over lands throughout the Borough/Town. Lands redeemed and or rights extinguished have determined the transfer of rights over to replacement land. Inclosed (or sold off) land removed from commoning- the rights over which cannot be automatically extinguished without the agreement of right holders. Rights are 'real property' in as much as the land itself. Property cannot be confiscated, by law, without compensation. • It is widely accepted and approved of that the Freemen's connections with the 'Common Lands' have safeguarded their longevity and have retained much of their independence from central government interference. • The Charity Commission (ruling body) is an overarching authority nation-wide, it does not participate in the individual arrangements of 'local' organisations. Local Schemes - are set up to meet the charitable requirements approved by the Commission. Any decision can be made locally (by Trustees) providing it does not contravene the charitable intentions set out within a Scheme. Opinion The fraught outcome over the sale of Harp Close Meadow has resulted in an unfair loss, by the Freemen of Sudbury, of rights (previously held, real property) without any form of comparative compensation. It appears to me that a decision, by the Trustees of Sudbury Common Lands, can be reasonably made to transfer rights (in principle) previously held over Harp Close Meadow to Wardman Meadows. This could be carried out on the understanding that the Freemen do not request payment for grazing rights, nor practice fishing rights over the new land, and agree to make no interference with existing management plans over Wardman Meadows. The Freemen's rights over Wardman meadows would be reserved and unexercised. In this way the long held traditions and association with the Freemen's attachment with the lands can be maintained. Alan Shelley BA DLA FRSA, Sudbury Freeman. 6 Oct. 2008 Wardman Meadows - Action Trustees • Scheme- Update the Schedule (if not already done so) to replace cancelled Harp Close Meadow with Wardman Meadows 39.29 acres. The new land, as with Harp Close, would remain unregistered as 'common land' under the Commons Registration Act 1965 and the subsequent Commons Act 2006. • Freemen's traditional rights, permitted in law and dictated within sections 21 (2) and 25 (5) of the governing scheme dated 14 May 1987 • Management- If Wardman Meadows is specifically dedicated as 'protected wildlife reserve', perhaps the Freemen may agree that their share of any income from that specific land, for the foreseeable future, is reinvested into the management of that specific area of land. NB - Attention of the Freemen and all concerned should be drawn to the ten years delay in resolving this matter. The subject of which could be amicably brought to a close without need for any legal proceedings. Alan Shelley 4 November 2008 -c:-~__.,c--,_--~-=:;--=- i •• :1 ·2'.(•·-. \ ..-; ~':. ::.• () IT -~l -~-:-"'-- 7~ir r- --rr~j ~- -~- c·,~~,: ~$~};<~t:6 )<' .. .. 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