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Tel: 01692 652266  Email: info@davidwill.co.uk

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Environmental

Countryside,

    Access and

    Public Rights

    of Way

Countryside (continued)

Countryside Access and the ‘Right to Roam’

The Countryside and Rights of Way Act 2000 introduced the controversial ‘Right to Roam’ to England and Wales.  As a result of this new right, large areas of countryside will now have to be opened to the public.  The areas subject to this new right are currently being defined through the production of draft and provisional maps by the Countryside Agency.  We can make representations on your behalf where these maps are incorrect.

Even if your property is outside the areas defined for ‘Right to Roam’ it may be affected by ‘accommodation’ measures made under the Act.  These ‘accommodation’ measures can include the imposition of access paths to reach landlocked ‘Right to Roam’ areas or car parks for the public.  We can negotiate with the statutory authorities on your behalf to minimise or prevent the imposition of such measures. back

Access Agreements and Section 31(6) Declarations

Allowing unrestricted public access to your property runs the risk that permanent public rights of way can be created.  Depending on the type of public right of way created and its position, the financial consequences for the property and the effect on the quality of life of those who live there can be severe.  We can advise on the best ways to prevent unwanted public access and on how to prevent the creation of new public rights of way including drafting and lodging Section 36 declarations. 

If you would like to allow public access to your property but wish to maintain control we can advise on access agreements and other ways of achieving this. back

Commons and Village Greens

Commons and village greens are predominantly remnants of the past land uses of the countryside of England and Wales.  Their special status arose from the uses to which they were put by virtue of being unenclosed. 

Commons were areas of poorer quality land used by local people for a range of activities such grazing animals, cutting wood and turf and fishing.  Following the registration of commons, the ownership and extent of common rights in each is now recorded.  All registered commons in England and Wales will become publicly accessible under the ‘Right to Roam’ legislation. Village greens were areas of land (often within the village itself) used by local people for recreation.  They are now recorded and protected by legislation. 

We can advise you on the ownership of commons, the ownership and exercise of rights of commons, the implications of ‘Right to Roam’ and village greens. back