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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hello there - I am trying to challenge a Village Green application

Customer Question

Hello there - I am trying to challenge a Village Green application which is an attempt by a number of locals to stop any potential development of an area of land I own a portion of. there are a number of items of evidence which totally confirms that 75% of people knew the land was privately owned and prior to 10 years ago the land was always used for farming, ploughed, horses grazed etc - again observed in various statements. To this end, recreational use could not be asserted to as a right - but tolerated along side use of the field for farming. So am I right in thinking this period of use is null and void under their claim of 20 years as a right?
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.
Hello. Such cases turn on precise facts, and we can't possibly cover that on this forum. You should get a specialist solicitor straight away. However, from what you've said, if the villagers have shown deference to your farming activities, then you may have a case to defeat the claim. This means, if they played football on it one day, but then you went on to plough it and they didn't come back to continue the game, they have deferred to your own activity. I'm afraid tolerance is not necessarily permission, and it's permission that would also defeat the claim. Your best defence is your own farming activity, which is in direct conflict with the ongoing use of the land s a village green for 20 years plus.