News for all Gate Owners that Border onto the Fields and Woodland at Lye Green
Legal advice has been obtained from Landmark Chambers as well as specialist property solicitors Davitt Jones Bould (DJB). DBJ are of the firm opinion that any of the properties that have had gates from their gardens into the land at Lye Green for more than 20 years should make an application for an easement to be registered at Land Registry.
If all the potential applicants can be identified and agree, it would be a cost-effective use of time for DJB to make a group application to register these rights. BNG are trying to coordinate this. The applicant (home owner) merely has to affirm by sworn statement of truth (but any other evidence such as photos or corroboration from others is obviously also helpful) that the property has enjoyed 20 years use of the gate and that the gate is there without permission of the land owner and that neither has the land owner made any action to have the gate removed or closed up.
These rights once established, could prove useful in two regards:
Accordingly, BNG want to hear from all home owners that surround the land who may have a gate that has existed for 20+ years. They need not have lived there for 20 years provided they can prove the gate has been there and has been used regularly.
There would be a cost associated with doing so but the more people involved, the less the cost per household and it may have a slight beneficial effect on the value of the applicant’s individual residential property too. BNG are obtaining fee estimates for claiming these rights.
If you are interested in joining this group application please contact BNG.
If all the potential applicants can be identified and agree, it would be a cost-effective use of time for DJB to make a group application to register these rights. BNG are trying to coordinate this. The applicant (home owner) merely has to affirm by sworn statement of truth (but any other evidence such as photos or corroboration from others is obviously also helpful) that the property has enjoyed 20 years use of the gate and that the gate is there without permission of the land owner and that neither has the land owner made any action to have the gate removed or closed up.
These rights once established, could prove useful in two regards:
- First is that these rights could of themselves become another material planning consideration to dissuade the Local Authority about the deliverability of the site.
- Second, it would frustrate any developer in preparation of any detailed development site plan – They may have to pay the home owners to give up those rights or risk an injunction.
Accordingly, BNG want to hear from all home owners that surround the land who may have a gate that has existed for 20+ years. They need not have lived there for 20 years provided they can prove the gate has been there and has been used regularly.
There would be a cost associated with doing so but the more people involved, the less the cost per household and it may have a slight beneficial effect on the value of the applicant’s individual residential property too. BNG are obtaining fee estimates for claiming these rights.
If you are interested in joining this group application please contact BNG.
