| Commentary

101 Definition of ‘a garden’

| Commentary

II: GARDENS

Commentary

A: INTRODUCTION TO GARDENS

101 Definition of ‘a garden’

The definition of a garden in the Oxford English Dictionary (‘OED’) as ‘an enclosed piece of ground devoted to the cultivation of flowers, fruit or vegetables’ has been approved in the Court of Appeal1. Use for conserving seeds has been held not to make land a garden2. The OED definition does not state that the garden is usually used ‘for pleasure’3 or, as another Court of Appeal case has emphasised, ‘for recreational and amenity purposes’4.

The OED definition does not, therefore,

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