The registration of land on a quayside in Essex as a town or village green (TVG) has recently been confirmed by the Court of Appeal, despite the commercial activities of the landowner co-existing with recreational use by the public. The Court felt that the pre-registration co-existence of the two uses demonstrated that they were compatible with each other and such compatible uses could continue post-registration.
Land can be registered as a TVG if it has been used by the public for recreation openly and without the permission of the landowner for at least 20 years. In this case, the land was effectively a concrete apron which had been used for activities such as dog-walking and crabbing.
Registration as a TVG is significant because nothing can then take place on the land which interferes with the recreational use. Development on TVG land is therefore very restricted if not impossible.
The case is a reminder that landowners should ensure that any use of their land by the public is by permission only, and that the permission must be expressly granted such as by use of appropriate signs. It also illustrates that the risk of registration is not confined to land fitting the traditional concept of a village green.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
