Under the new Bill, landowners would not be able to use signage to prevent time running by the users of village greens (see above, where the HL has held that erecting signs could prevent use being ‘as of right’). The Bill would require landowners to take other steps to prevent use ‘as of right’ (eg fence it off). Moreover, if an application for registration is then made within two years of the ‘as of right’ use ending (ie within two years of the land being fenced etc) then the registration could still take place. In addition, suppose use of the land ceased before the Act comes into force? The bad news for developers is that the Bill will be retrospective, and an application for registration could be made under the new Act within five years of the use ceasing.

The view from DentonWildeSapte is that the Bill cannot be ignored. As a minimum, owners should erect signs with suitable wording at frequent intervals (and in obvious locations) around the affected land. Ideally, the land should be fenced off entirely. Either way, the only hope will have to be that the relevant provisions do not come into force for five years from the date the signs/fences are erected. In summary, the HL may have given some comfort to landowners, but if the new Bill ever becomes law then there are likely to be very many unhappy estate owners. Source: DentonWildeSapte. © Practical Lawyer