The registration of a new town or village green is nowadays only possible in very limited specific circumstances where it has been used by the certain inhabitants of a locality for lawful sports or past-times “as of right" for the requisite period.
"As of right" means "nec vi, nec clam, nec precario". That is, neither by force ( nec vi ), nor clandestine ( nec clam ), nor dependent upon the permission of the owner of the underlying subsoil ( nec precario).
However, the registration of land as a town or village green can prohibit any further development of that land.
This means it is vital to have expert legal advice when dealing with a town or village green application, whether as a developer, objector, applicant or decision-maker. Please call or email for more information on what we can do to help you through the maze of legislation.
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