Stalland Common Encroachment

Contents

Introduction

One harsh aspect of the Inclosures Act was that anyone who was found to have been “squatting” on the commons for less than 30 years lost whatever improvements (including their homes) that had been built on the common lands. These were sold by the Commissioners and either the proceeds were set against that person’s entitlement, or if there was no entitlement, the sale proceeds went towards the general expenses of the Commissioners.
The Indenture below records one Robert Jolly who had built a home without permission on the Stalland Common within the previous 30 years. The Commissioners sold this for £5 to John Browne, presumably leaving Robert Jolly homeless. The 1815 Survey of the Parish of Deopham lists all the lands owned by John Browne and the corresponding occupiers: Robert Jolly is not listed as an occupier.
The exact location is not specified, but given that John Browne acquired the encroachment and was also shown on the 1814 Inclosures map as owning the Stalland Farm area, the encroachment must have been absorbed into that farm.

Indenture recording sale of encroached land

This Indenture made February 15^th 1814
Between
– John Dugmore of Swaffham, Gentleman;
– William Unthank of Heigham in Norwich, Gentleman;
– John Mitchell of Wymondham, Gentleman
(the Commissioners for carrying into Execution the Act of Parliament hereinafter recited)

– John Browne of Tacolneston, Esquire

Whereas by an Act of Parliament made and passed in the 52^nd Year of the Reign of his present Majesty entitled “An Act for inclosing Lands in the Parish of Deopham in the County of Norfolk” being an Act authorizing the said Commissioners to allot all the Lands and Grounds in the said Parish of Deopham;
It is (amongst other things) enacted that all Encroachments which should have been made within thirty years then last past upon the Commons and Waste Grounds by the said Act directed to be divided and allotted should be deemed part of the said Commons and Waste Grounds to be so divided and allotted, And further, that the Lands and Grounds comprised in any Encroachments which should have been made within thirty years last past should (without regard to the Value of any Improvements since made thereon) be allotted to the Person of Persons in Possession thereof so far as he, she or they should be entitled to any Allotment of sufficient Value by Virtue of the said Act,
And that in that Case, the Value of such Encroachments should, as circumstances should require, be deducted from or deemed a Compensation for the Allotments to which such Person or Persons should be entitled under the said Act, but if the Person or Persons in Possession of such Encroachments should not be entitled to any Allotment by Virtue of the said Act, then the whole of such Encroachments should be sold by the said Commissioners and conveyed by them in Fee Simple to any Person or Persons who should become the Purchaser or Purchasers, and the Money arising from such Sale or Sales should be applied in manner and for the Purposes in the Act mentioned.
And whereas the Piece or Parcel of Land hereinafter described and conveyed and assured hath been within thirty Years now last past inclosed for the Common Pasture of Deopham aforesaid by Robert Jolly of Deopham aforesaid, Labourer, without any Grant, Licence or Authority having been obtained by him from the Lord of the Manor of Deopham Hall, or the Lords of the Manor of Deopham of the Dean and Chapter of Canterbury for that Purpose,
And whereas the said Robert Jolly is not entitled to any Allotment under or by Virtue of the said Act, and the said Piece or Parcel of Land hereinafter described is now and hath been adjudged by the said Commissioners to be part of the Lands and Grounds to be divided and allotted by Virtue of the said Act and saleable under the Directions of the said Act;
And whereas the said Commissioners have contracted with the said John Browne for the Sale to him of the said Piece or Parcel of Land at the price of Five Pounds,
Now this Indenture witnesseth that in pursuance of the said Agreement and in Consideration of the Sum of Five Pounds of lawful Money Current in Great Britain to them the said Commissioners paid by the said John Browne at or immediately before the Sealing and Delivery of these Presents, the Receipt whereof the said Commissioners do hereby acknowledge, and thereof and and of every Part thereof do acquit, release and discharge the said John Browne, his Heirs, Executors, Administrators and Assigns and every of them by these Presents; They the said Commissioners by Virtue of the Power or Authority to them given or in them vested by the said recited Act and all other Powers and Authorities enabling them in this Behalf by this Deed or Instrument in Writing under their Hands and Seals
Have and each and every of them Hath granted, bargained, sold, conveyed and confirmed And
Do and each of them Doth grant, bargain, sell, convey and confirm unto the said John Browne and to his Heirs and Assigns
All that Piece or Parcel of Land upon which a Cottage is now standing situate upon the Stalland Common in Deopham aforesaid containing by measure Twenty Perches surrounded by Land allotted by the said Commissioners to the said John Browne, which said Piece of Land is now in the Occupation of the said Robert Jolly
And all Ways, Waters, Watercourses, Advantages, Profits and Appurtenances whatever to the aforesaid Piece of Land hereinbefore particularly described, or to any Part thereof belonging
To have and to hold the said Piece of Land and also all other the Premises hereby or intended to be hereby granted and conveyed, and every Part thereof with the Appurtenances unto the said John Browne, his Heirs and Assigns
To the only Use and Behoof of the said John Browne, his Heirs and Assigns for ever.

In witness whereof the said Parties have hereto set their Hands and Seals the Day and Year first above Written:
– John Dugmore
– William Unthank
– John Mitchell

With thanks to Sarah Raper for giving access to the original of this indenture

Location of John Brown’s land after the Inclosures

Robert Jolly

The 1851 census recorded a Robert Jolly aged 72 as being resident in the Wicklewood Workhouse. He was listed as having been born in Deopham and having an occupation of “Agricultural Labourer”. His position in the Institution is stated to be “Pauper”.

Extracts from the 1812 Inclosures Act

XIV. And be it further enacted, That all Encroachments which shall have been made within Thirty Years last past upon the Commons and Waste Grounds by this Act directed to be divided and allotted, shall be deemed Part of the said Commons and Waste Grounds to be so divided and allotted, and that no such Encroachments which shall have been made more than Thirty Years shall be liable to the Claim of any other Person against the present Possessor on the Ground of such Encroachments having heretofore been Part of the said Commons and Waste Grounds; and in case any Disputes shall arise touching any such Encroachments, or the Extent thereof, such Disputes shall be determined by the said Commissioners.

XV. Provided always, and be it further enacted, That the Lands and Grounds comprized in any Encroachments which shall have been made within Thirty Years last past shall (without regard to the Value of any Improvements since made thereon) be allotted to the Person or Persons in Possession thereof, so far as he, she or they shall be entitled to any Allotment of sufficient Value by virtue of this Act, and in that Case the Value of such Encroachments shall, as Circumstances require, be deducted from or deemed a Compensation for the Allotments to, which such Person or Persons shall be entitled under this Act; but if the Person or Persons in Possession of such Encroachments shall not be entitled to any Allotment by virtue of this Act, or shall not be entitled to an Allotment equivalent to the Value of such Encroachments, then and in either of those Cases, the whole or the surplus Quantity (as the Case may be) of such Encroachments shall be sold by the said Commissioners, and conveyed by them in Fee-Simple to any Person or Persons who shall become the Purchaser or Purchasers thereof, and the Money arising from fuch Sale or Sales shall be applied in the same Manner as is hereinafter directed concerning the other Lands by this Act directed to be sold.

The full text of the Act is available here.

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Date	Change
7/11/24	Published