Injunctions - what do they cost / how are they enforced?

[mas99]

A question for any legal bods.

We have a problem with a number of individuals driving across the village green. Cant get the police very interested.

It has been suggested that we could get an injunction against these people.

Before I go spend money with a lawyer, would we be wasting our time? What is involved? How does enforcement happen?

Similarly for the plonker using the edge of the green as a car park for untaxed vehicles.

thanks

[Piglet]

Whoooo slow down....this is a huge topic....

For a start is it common land or owned by someone? Can you stop people driving across it? Who legally has the right to stop someone driving across it?

Seriously common land (if it really is) and rights across it is a huge issue and the case law has changed very recently but helpfully I can't remember the final outcome of whether you can ever gain a right to drive across common land.

You need good advice on this one...

[mas99]

Thanks Piglet,

This is our problem - everyone we ask says its too difficult and as a consequence nothing gets done. Thats why we were thinking that something like an injunction against the villains.

For clarity, it is a registered village green, but not common land. It is owned by the Parish Council (I'm chair). So far as we know they do not have vehicular rights (worst culprit does not even live in the village). As I understand it you cannot aquire rights across a village green.

thanks again for any other advice - I'm going to look on gardenlaw as well.

Edited by mas99 on Monday 5th January 08:31

[Piglet]

You need to get this done properly, you can only get an injunction once you have persuaded a court that it is equitable for the injunction to be granted. If it then turns out you are wrong you could end up with a claim for damages against you.

You need good legal advice that you can rely on and that means paying for it unfortunately, it really is an indepth subject that has changed recently so you need someone who is already up to date on the law and not someone who is going to do their reseach at your expense. I'd got for one of the big firms and ask specifically whether they have the expertise.

As a Council you have an obligation to do what is best for your ratepayers and getting involved in litigation without proper advice might well put you in a difficult position.

[therealpigdog]

injunctions are very expensive, and unfortunately are unlikely to be of much use to you.

you should take some legal advice though - if you know who the culprits are, then there are other solutions.

[Alec]

Might be being naive here but couldn't you put up some kind of small fence or boulders? Kind of thing used to deter travelling types from moving onto the land.

[Piglet]

This is quite useful BUT I don't know if it is up to date...

http://www.pinfold.biz/articles.php?id=03

Top Deck went one way and was then reversed on appeal but I can't remember which way it went first. Given that this article doesn't mention the appeal I wonder if this was the first result and then the appeal was that someone COULD gain rights.

One for a bored law student I'd imagine....

[Piglet]

I *think* this is up to date...You may have seen it already....

www.defra.gov.uk/wildlife-countryside/pdf/access/c...

I'm trying to find a can of worms smilie but there doesn't appear to be one!

[mas99]

Thank You Piglet - I hadn't seen that particular document.

I have read a large number of documents on this topic without finding an absolute answer. So many things seems to have gone back and forth as appeals progress CROW for example. We do have various complications with respect to the way that land ownership has changed, access which existed before the green became formally a village green, loss of original documents, etc,etc. I'll read and digest, but that document does seem to be a clear statement of the situation

Alex, putting posts all around the green is a distinct possibility. The problem we have is that some people claim that they do have a right to access their properties by car and seem to have such registered on their deeds. We may yet go down the route of demanding that they prove that such rights were legally obtained.

The layout of the village means that a significant number of properties can only be accessed across the green. There are a number of gravel surfaced tracks which are not legal rights of way but have existed for longer than living memory which provide access to many of the properties. We don't have an issue with people using those. But when people decide to just drive across the grass instead we get a bit hacked off.