Q:I own a large area of grass land that I intend to develop in the future as and when I can secure planning permission. In the meantime, I don&’t really mind the local kids using it to practice football but have been worried by various articles I have r

Oct. 1, 2002
You are right to be concerned. If:<p></p><p> * your land is used by a significant number of local residents for recreational pursuits such as playing football, walking the dog, family pursuits, or organised sports for 20 years or more in such a way that your land is clearly in general use by the local community for recreation (as opposed to occasional use by individuals as trespassers); and </p><p> * you have neither consented to this arrangement nor objected to it so that the local community takes the view they can use your land as of right.</p><p> Then the local residents could claim your land is a village green so as to protect if from development.</p><p> If you want to allow the children to continue to play football on the land you should ensure the 20 year clock does not start ticking by confirming your consent, either expressly (eg by erecting a sign confirming any access onto the land is by licence that can be withdrawn at any time) or, more riskily, impliedly (eg by mowing the grass, creating an access or parking area as if inviting the children on to the site for football).</p><p> But the safest way to avoid …

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