‘A significant number of the inhabitants of any locality... have indulged as of rightin lawful sports and pastimes on the land for a period of at least 20 years’.

What this means is that any form of informal recreation (eg organised or ad hoc games, picnics, fêtes, or even dog walking) on any type of land can eventually lead to registration as a green. Note that this can cover private land (not just public land). Also:

• the phrase ‘significant number’ was defined in McAlpine [2002] as not necessarily meaning a considerable or substantial number of people, but instead, merely enough to show that the land is in general use by the local community. For instance, in a small community a large proportion of the local people would not constitute a considerable number, but it would be enough to be ‘significant’;
• the use must be ‘as of right’, which means it is done without force, secrecy, or permission from the landowner. Under the old law, the requirement was wider in that it was necessary for the local people using land to believe that they had the right to use it;
• previously, a landowner could prevent use ‘as of right’ by erecting suitable notices (eg giving permission to use the land for activities, but making it clear that such use is not ‘as of right’). Now, however, such signs are not effective. It follows that landowners who want to protect their position will have to consider more effective means of preventing access (eg fencing). If the landowner does that, then that will stop the use, and locals will then have a two-year (or five-year) period to apply for registration;
• there is no longer a need for the use to continue right up until the time of the application to register. Under the new law there is a period of grace so that land is capable of registration even if the use has ended. For the future, there will be a two-year period in which to make the application after use ceases. But, there is a transitional period of five years, if use ceased before 6 April 2007.

See introductory article in [2007] LSG 7 June 36. © Practical Lawyer