The most obvious way of stopping claims is by simply excluding all members of the public from unused land. Thus, landowners would have to erect security fencing, and make regular checks on the security. The best advice would be to keep records of all fencing work to show a clear intent to exclude all members of the public.

In practice, such an approach may not be feasible. Some sites are simply too large and the costs involved may be prohibitive. Accordingly, it may well be that the best approach for a concerned landowner will be to consider granting the public specific permission to come onto the land at times when the land is not in use. This is because a successful registration requires that the public use the land ‘as of right’ (ie without permission). Thus, granting permission may neatly side-step the problem. The prudent landowner would erect and maintain notices in prominent positions, and also keep evidence to show that these notices have been displayed over a sufficiently long period. At the same time, it may be wise to refuse access on one or more days each year so as to also counter any argument about continuous access. The only downside is that this might increase liability under Occupiers’ Liability laws.

These suggestions come from an excellent article in [2004] EG 20 March 162. We should also mention a comprehensive book on the Law of Commons and of Town and Village Greens by Navjit Ubhi and Barry Denyer- Green (Jordans; £65). Although only published this year, it has been extensively amended to take account of Lightman J’s decision in the Oxfordshire case (see above). It has detailed guidance on the law of village greens (plus guidance on such vital topics as llamas lands, rights of shack, stinted, pastures, and vesture). It is recommended. © Practical Lawyer