A recent House of Lords decision emphasises that registration of a village green cannot be defeated by attempts by a landowner to prevent access to the public once an application for registration has been submitted.
Under the Commons Registration Act 1965 land can be registered as a town or village green if it has been used by local people for ‘lawful sports and pastimes’ (i.e. informal recreation) for 20 years freely and openly - referred to in the legislation as being "as of right". In this case an issue arose as to whether the lawful sports and pastimes had to continue up to the date of the application to register or the date of registration itself (which is usually a considerable time after the application is submitted). If it was the date of registration this would be significant because it would be open to landowners to defeat the application by closing the access to the land in question or by erecting signs to show that the user was not as of right.
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A recent House of Lords decision emphasises that registration of a village green cannot be defeated by attempts by a landowner to prevent access to the public once an application for registration has been submitted.
Under the Commons Registration Act 1965 land can be registered as a town or village green if it has been used by local people for ‘lawful sports and pastimes’ (i.e. informal recreation) for 20 years freely and openly - referred to in the legislation as being "as of right". In this case an issue arose as to whether the lawful sports and pastimes had to continue up to the date of the application to register or the date of registration itself (which is usually a considerable time after the application is submitted). If it was the date of registration this would be significant because it would be open to landowners to defeat the application by closing the access to the land in question or by erecting signs to show that the user was not as of right.
The House of Lords held that the cut-off point for the required 20-year period fell when an application was received, not when registration was completed. Although the Commons Bill currently going through Parliament would have had the same effect, this would only apply to applications submitted after the Bill is enacted so the decision is still important.
This decision means that those owning land that could be vulnerable to use by members of the public must be vigilant to ensure that appropriate notices are erected making it clear that access and use of the land is not permitted. Preventing access by gates and barriers would also be effective. If an application to register the land has already been made, it is too late to prevent a registration unless you can show that the grounds for the application are not made out.
Once the land is registered as a village green the owner is not excluded altogether. It may, however, substantially interfere with any development plans, as the owner will only have the right to use the land in a way that does not interfere with the recreational rights of the inhabitants.
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The original publication date for this article was 07/06/2006.