Landowners: be aware of the risk of claims being made to register land as a town or village green. It may only be well-kept grassy areas which spring to mind when one thinks of a village green, but that is not the only type of land at risk. In one Supreme Court case for example, it was held that a town or village green had been established even though the land in question was part of a working port!
Landowners should also be alert to the possibility of a public footpath becoming established by the public using a particular route for at least 20 years.
The consequences of the registration of either a village green or a public right of way can be devastating for land’s development value. Once registered, nothing can be built on a village green, which means any development value is eliminated entirely, unless a successful application for de-registration is made. De-registration will normally only be granted if suitable replacement land is provided. Also, de-registration is a complicated, time-consuming and costly process which is very uncertain as to outcome.
If public rights of way are established across a site, development may still be possible but it is very likely to be more difficult. Obtaining a diversion order from the Court is a much more straightforward process than de-registering a village green, but it is still potentially lengthy and expensive.
Possible steps to help avoid the consequences are:
- Physically prevent access to the land. Ensure the boundary features are kept in good repair and any gates are locked. Put up signs such as "Private land. No unauthorised access". Regularly inspect fences and gates to make sure they have not become damaged.
- Give permission for the public to access the land. The 20 years' use rule to establish either a village green or a public footpath has to be “without force, without secrecy and without permission”. If the landowner gives permission for the public to access the land this means the use is not “without permission”. Signs can be utilised again, stating that the use of the land is with the owner's permission, which may be withdrawn at any time. You will need to regularly inspect to make sure the signs have not been defaced or torn down.
- It is also possible for a landowner to stop any period of time relied on to establish a public footpath or village green. A statement must be sent to the local authority which identifies any existing public rights of way on the land and confirms that no additional rights of way have been granted by the landowner. The effect of the notice is to stop the clock on any 20 year period being relied upon to establish rights of way or rights for the public to engage in lawful pastimes on the land. Further notices every 20 years will permanently prevent time running against you.
Whatever steps are taken, landowners should review all of their land which is not currently in use - especially where it has been empty for some time. 20 years may seem like a long time but, especially where you have bought in recent years or maybe have an option over a piece of land, you may not be aware of the full history. Taking these simple steps could save you a major headache and avoid a major loss of development value.
Get in touch
If you are a landowner who has a query in relation to town and village greens or public rights of way, or any other issues, we can help you to understand the situation and provide advice tailored to your needs to manage the impact. Please contact Phil Hutsby-Hunt or Megan Evans by calling 0121 2367388 or filling in our contact form.
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