In this page, we’ll explore landowner statements in England and Wales. You’ll find information about challenging threats to your local open space, and staying one step ahead of plans to restrict access.
(Landowners can also deposit statements and lodge declarations intended to prevent the acquisition of public rights of way across their land: we deal here only with the effect of statements in relation to the acquisition of town or village greens.)
- What is a landowner statement or deposit?
- The right to recreational use of an open space by local people now needs to be defended within a year of a new landowner statement
- How do I find out about landowner statements that may threaten my local open space?
- How can I keep a step ahead of landowner plans to restrict access?
Owners of open space where local people have used the land ‘as of right’ for informal recreation, can prevent those local people acquiring permanent rights to use the land. To do this, landowners can deposit with the local authority (county councils in two-tier authority areas) a statement and map under Section 15A of the Commons Act 2006. (‘As of right’ means without force, secrecy or permission).
A landowner statement brings to an end any period of use of the land as of right for informal recreation. If the land has been used ‘as of right’ for 20 years, a statement prevents local people obtaining the 20 years they need in order for the land to qualify for registration as a town or village green.
If use ‘as of right’ already has taken place on it for 20 years or more, the statement triggers a one-year period of grace in England, and two-year in Wales. This gives local people one or two years (as the case may be) to apply to register the land as a town or village green. The local community cannot apply any later than one or two years (as the case may be) from the date of the statement’s deposit with the local authority.
If recreational use of the land as of right continues after a landowner statement is deposited, a new period of 20 years’ use can begin. But if another statement is deposited within 20 years of the previous one, it will again prevent the user reaching 20 years – the clock will again be reset to zero.
A landowner can deposit a statement and map which bring to an end any period of informal recreational use of the land as of right. Local people then have only one year in England, or two years in Wales, in which to apply to register the land as a town or village green.
Notice of the statement must be published on the local authority’s website for at least 60 days, and posted at or near at least one entry point to the land for the same period. However, if the site notices are removed, there is no requirement to replace them, so people may not know that their use is being challenged.
Local authorities hold a register of landowner statements and must serve notice by email, free of charge, on anyone who has asked to be informed. You can contact your local authority if you wish to be notified of any landowner statements: write to your authority and ask for notice of any statements deposited under section 15A of the Commons Act 2006. (You cannot require selective notices: the authority is entitled to insist on sending you notice of all statements deposited with it.)
You should gather evidence of use and submit an application to register as a town or village green land which local people have used as of right for 20 or more years, before the landowner deposits a statement, otherwise you will have just one year in England, or two years in Wales, in which to do this.
Header image: Martina Jorden