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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi there. Id like to know in regards XXXXX XXXXX commons act (village

Customer Question

Hi there. I'd like to know in regards XXXXX XXXXX commons act (village green applications) a massive field in 2003 was apportioned into many individual "plots" and sold to individuals. Now my question relates to this - an application has been made for the land as gross to be registered as a village green. As the land for the past 10 years is in fact 90 different pieces of land - could it be reasonable to argue that either the clock has been reset for the 20 years of use as a right - or the applicant would have to prove that each and every plot has been used in the past 10 years as a right in order for the application to be successful?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

An applicant does not need to make an applicant against each individual owner. The application is against the land in question regardless of who owns it. It may be owned by 1 person or a thousand people or in deed often an owner cannot even be traced. A seperate register of Village Green land is kept which is quite distinct to the Land Registry.

The applicant must prove that they have enjoyed and exercised rights over the land in question and they must identify the extent of the land in question but it is not relevant how many plots that land may or may not have been divided up into.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Customer: replied 3 years ago.
The land in question is a mass of land various segments owned by different people. How can this be? Can it be argued that the applicant would need to prove they have in the past 10 years used each and every piece of land as a right? Otherwise the applicant could have marked the 5 adjoining fields and because use was on one field they could secure a village green status over it all?
Expert:  Joshua replied 3 years ago.
This isn't quite the way it works. The commons and village green register is quite seperate to the Land Registry Title. The application process isn't directly concerned with who owns the land in question as such but rather whether the applicant(s) can show whether they satisify the test of exercising rights over the land. From this narrow perspective it is irrelevant how may people own a piece of land in question.

However that is not to say that ownership is irrelevant. Each individual owner can object to the application and there can be strength in numbers if there are a number of landowners effected. If there are boundary features this could be very decisive in potentially defeating a claim and it could be that some landowners will be able to successfully defeat a claim whilst others will not depending upon the location of the land, signage boundary structures and so on.
Customer: replied 3 years ago.
Are there any known loopholes that can be addressed as a good argument. The thing is that there were signs up about it not being for recreational use/ private land 10 yrs ago... These had been removed by locals - yet in statements only a few acknowledge that there were signs but only last year - and that these were soon removed....
Expert:  Joshua replied 3 years ago.
Appropriate signage, boundary structures and evidence that precludes the locals form claiming exercising rights would be the strongest forms. If there are a lot of landowners attempt to band together as many as possible for a strong defence. Each can give their own witness statement. It is possible you ay outnumber the locals statements if there are so many of you. There is strength in numbers in terms of statements.

there are no loopholes as such but careful presentation of your rebuttal evidence is key. Good representation is strongly advisable.
Customer: replied 3 years ago.
What can I legally do on my land then without the need for planning permission prior to any application being approved? As I believe once it's approved (if) I can do pretty much nothing, I can't drive to it or anything... Surly human rights would be affected and I could sue for compensation
Expert:  Joshua replied 3 years ago.
You can do anything that is not restricted by criminal or civil law or planning legislation - which in a sense is stating the obvious.

If your land is presently agricultural designation then you can carry out agricultural activites. If it is designated as residential use then you can use it as a garden and all uses incidental thereto.

I cannot see that HR law would be of use though I am not a specialist HR lawyer but it would be a very avant garde application to challenge the Village green / commons land regime on HR grounds. I could not see quite how that would work.

It is not at all certain that such an application would be successful so do not lose heart at this stage. However it is important that as landowners if the same has planning potential that you obtain some quality representation to best protext your interests.
Customer: replied 3 years ago.
HR in relation to protection of land value. Should the application be accepted - the actual usefulness of the land will serverly be limited to nothing!
Expert:  Joshua replied 3 years ago.

I quite understand the point you make but I am not aware of any decision that has ruled that one is entitled to compensation as a reuslt of a VG application being succesfully registered. However HR is not my speciality and I would not suggest that this is definately the case. I would encourage you to take advice from a specilist HR lawyer in this respect.

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