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OPEN SPACES ACT 1906 - SECT 5

Transfer to local authority by owners of open spaces subject to rights of user.

5.(1) Where any open space is subject to rights of user for exercise and
recreation in the owners or occupiers, or both, of any houses round or near
the same, whether the rights are secured by covenant or not, the owner of the
open space may, with the consent, signified by a special resolution, of such
owners or occupiers, or both, as the case may require,

(a)convey to any local authority his estate or interest in the open space in
trust for the enjoyment of the public; or

(b)grant to any local authority in trust as aforesaid any term of years or
other limited interest in or any right or easement over the open space; or

(c)make an agreement with any local authority for the opening to the public of
the open space and the care and management thereof by the local authority
either at all times or at any specified times:

(2) Where any person has any term of years or other limited interest in any
such open space this section shall apply to him with reference to that
interest in like manner as it applies to the owner of the open space.

(3) Where any open space is used as a place of exercise and recreation for the
inhabitants of certain houses, and the property and right of user is vested in
one or more persons as owners or occupiers of the houses, those owners and
occupiers (if any) may convey to a local authority in trust for the public a
right to enter upon, use, and enjoy the open space subject to such terms and
conditions as may be agreed upon.

© 1906 Crown Copyright

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