Intimidation on the Fields of Lye Green

Since the success of Brown Not Green having the land and woodlands at Lye Green listed as an Asset of Community Value there has been a growing number of reports of intimidation from the landowners where previously there has been none.  We have now had reports of over 20 people being approached in the last 2 weeks being told to get off the land. 

BNG is not qualified to give legal advice however we wish to give a commentary on this issue for our supporters to take on board and share with their friends and family who use the fields for recreational and commuting purposes.

• The threat of prosecution is a hollow one and may well just be an attempt at intimidation.
• Trespass is NOT a criminal offence (other than squatting in residential premises or specific types of property e.g. railway premises, airports, foreign diplomatic premises ). 
• As such the police would be very unlikely to attend even if the landowner called them and certainly would not arrest anyone (unless that person then refused the Police request to leave).
• Trespass is a “tort” however and the landowner can bring a civil action against someone for trespass if he/she wanted to spend the legal costs of doing so! 
• The remedies are usually an award of “damages” to the landowner or an “injunction” preventing the person coming on the land again. Subsequent breach of an injunction would be contempt of court. 
• Damages would likely be very modest or trifling (but beware legal costs awards could be granted)
• However, torts are expensive to bring especially if there is a potential defence. 
• The most robust defence is to claim prescriptive rights namely that the alleged trespasser has used the land / route regularly as of right openly for over 20 years.  Frankly, legal advice that BNG have had is there is little a landowner can do to prevent someone with prescriptive rights exercising them!
• Even if the alleged trespasser has not got prescriptive rights (ie he/she has not used the land regularly for over 20 years) he may still claim that he has had “implied consent” (or a licence) having enjoyed open unrestrained use for say 5, 10 or 15 years whatever without complaint or restraint.  Open unrestrained use could be implied by there being no keep out notices, no locked gates or non-fenced openings, the presence of well-trodden footpaths or just many others doing it openly too for decades etc.
• However, if the landowner asserts there is no consent and asks him/her to leave, they must do so.
• NOTE: Fences are currently being put up on the land to close off access to these unadopted paths.  
• BNG would not recommend confrontation, just say you don’t agree you are trespassing and walk away. 
• Similarly BNG would NOT recommend tearing down fences that are being put up.
• However, BNG are seeking to have various unadopted footpaths on the land adopted as Public Rights of Way and we URGENTLY need to hear from anyone who can give written evidence about the prolonged use of these paths especially if they have used then for over 20 years.  Please ask them to get in touch with BNG ASAP so we can take a statement from you.  (However, we would NOT recommend repeating this to any landowner/farmer if they challenge you on site please!)

We urge all our supporters to remain polite and courteous in all instances so that we can prove that all the intimidation is in a one way direction only.  If you are involved with a confrontation with the farmer/landowner, if you can please record it on your mobile phone and/or write a record of it in the event that BNG wish to take matters further.

Thanks again for your continued support

​The BNG Team