Introduction

During the 18^th century, wealthy farmers enclosed common land. Poor people had had a traditional right to graze animals and get informal food supplies but they didn’t have documentary evidence of that right. Parliamentary ‘Enclosure’ Acts favoured the wealthy, who used a legal sleight of hand to dispossess them. By about 1850, enclosure was completed with just a few commons remaining. One of these was Tylers Common. The rights of the commoners were defended by the ‘lord of the manor’, the Branfil family.

The Battle for Tylers Common

During the Second World War all available land was utilised. Tylers Common was used for food production by Essex Council from 1943. Unlike the 18^th century, 20^th century commoners had documentary evidence supporting historic rights. No-one anticipated a land grab by Essex Council.

Geoffrey Bing was the local MP and a very senior lawyer. When commoners approached him about the enclosure of Tylers Common he was outraged. He was a formidable opponent of Essex Council and his forensic probing discovered,

…..Essex County Council have…… illegally enclosed this common and let it to one of their members.** (my emphasis)

In the subsequent court case, Essex Council’s refusal to reinstate pre-war common status led to a damning judgment. Councillors were surcharged for wilful behaviour and had to pay costs. Bing, as a lawyer and parliamentarian, trounced Essex Council and Tylers Common remains common land enjoyed by the people of Havering to this day.

Notes

* KC: this is the most senior rank for barristers – nowadays QC

** https://api.parliament.uk/historic-hansard/commons/1951/aug/02/tylers-common-upminster

Sources

For Bing’s parliamentary questioning see https://hansard.parliament.uk/commons/1951-06-28/debates/6364ef34-abb3-4d77-8d58-238964525ea6/TylersCommonUpminster

and

https://hansard.parliament.uk/commons/1951-07-05/debates/cc7314e7-5a6b-4a26-8ad7-cea4a2e0e84a/TylerSCommonUpminster

and

https://www.theyworkforyou.com/debates/?id=1951-08-02a.1619.4&s=speaker%3A16658#g1619.5

For a Romford Recorder article see https://www.romfordrecorder.co.uk/news/heritage/nostalgia-tylers-common-havering-s-largest-open-space-1-2015231

For a more detailed on-line history of Upminster see https://www.british-history.ac.uk/vch/essex/vol7/pp143-153

For the surcharging of councillors see https://en.wikipedia.org/wiki/Surcharge_(sanction)

For historic maps see https://www.francisfrith.com/tylers-common/maps

For a brief history of common land see https://www.acraew.org.uk/history-common-land-and-village-greens