The Public Inquiry session on Friday 13th April was a very short one indeed. The Byron Court Management Company hadn't been able to find a 'signed, sealed and stamped' copy of the Head Lease, and asked for an adjournment to give more time to look for it. They also said that they may want to employ a barrister to advise them with regard to the legal arguments surrounding our Right of Way Claim.

Roger Mann, the City Council's solicitor, read out a short statement drawing attention to the fact that, under the Land Registration Acts 1925 and 2002, a lease is ineffective until accepted by the Land Registry. All that has been produced so far is a copy lease, an "agreement for a lease" and an "application for registration of a lease", implying that the Head Lease was submitted by Wimpey Homes to the Land Registry in 2002. In order for the Management Company to be able to argue that the residents of Byron Court had the status of 'land owners' when they challenged users of the path, they will need to prove that the Head Lease was actually received - and registered.

Byron Court Management Company estimated that they would need "at least two months" to obtain and act upon a barrister's advice. The Inspector explained that he was not, owing to other commitments, available to continue this Inquiry until Tuesday 14th August. So that was the date agreed upon for the resumption of the Public Inquiry (10 a.m. at Woolton Golf Club).

The situation regarding the Head Lease is not crucial to the case we have presented. Our argument is that a Right of Way had already been established by 1999 - as a result of unhindered use of the tarmac path since it was created in 1979 - before Byron Court even existed. However, if it can be proven that the Byron Court Management Company has no legal interest in the land over which the path runs, then our case will be immensely strengthened. The Inspector, clearly, does not want to be accused of being biased against the objectors to the Order, and does not want to risk a possible High Court challenge at a later date. The City Council, meanwhile, seem confident that the Head Lease has not been registered, but again they do not wish to be seen as obstructing the Byron Court Management Company's efforts to prove otherwise.

After the Inquiry closes, it is likely to be another two months or so before the Inspector issues his decision. Only if the Order is confirmed will the Public Right of Way become officially designated, and only then will the City Council be in a position to get the wall removed.

Continued . . .