Brightlingsea Town Council has written to Essex County Council Highways Department and to the Land Registry, as have others. Essex Highways Department have recently confirmed that they do not consider there is a publicly maintainable highway on any unmade up parts of the Hard. They have also said that they are aware of the dispute and are still looking into it. BTC awaits any further determination they may have.
The Land Registry responded to our solicitor in writing on 7 September 2015 stating that three of the deeds involved in the Hard registration “could not be located” and that they had nothing on their files to suggest that the Land Registry “retained them”. However, the Land Registry have now responded to Brightlingsea Town Council and others stating that they have located those deeds and have forwarded them on 27 November 2015. The Land Registry has stated in a telephone call that these deeds may not be relevant to the part of the Hard in question. The Land Registry has said that there may be scope for doubt in the original registration and would, if asked to, reconsider the register.
Brightlingsea Town Council is considering whether to write to the Land Registry regarding the title that HMLR gave in 2005. This is something any member of the public may do as well. The Land Registry has said they are not sure what the outcome of an application to alter the register would be.
Brightlingsea Town Council has been consistent in seeking all available information before finalising its position and its strategy. The latest information from both Essex Highways and HMLR is not entirely complete or conclusive.
Brightlingsea Town Council will now consult with the interested groups to consider appropriate next steps.