John Wood wrote:
>I have come across the term curtilage, on a number of occasions, within a legal context.
I am of the belief that there is a fairly strict definition, under law, to the meaning of the word.
I think the terms, ownership and sole purpose, are legally the most defining terms.
So in the case of the curtilage of a market cross. If the land that surrounds it is used for another purpose other than just the market, on non market days, it is therefore not the sole domain of the market and so not within its curtilage.<
Surely if this is the legal sense, a market cross can't have a 'curtilage'?
What was presumably established by law, perhaps by a medieval market charter, was the right to hold a market in a certain location on certain days. A market cross could then be erected to mark the place, but it was secondary and wasn't required by law. The market could take place without a cross - and if there WAS a cross the market could continue even if the cross was demolished or moved. Similarly the market could be closed down, the market place built on and the cross be left standing - there's no interdependent relationship between market place and market cross.
If a Scheduled/Listed market cross must have a defined curtilage, you'll need to define it in the same way as the curtilage of a Listed war memorial or a statue of Queen Victoria in the town square.