St Stephens by Launceston Rural Parish Council
Statement of facts re Langore Village Green VG630
- This land was allotted to the Churchwardens and Overseers of the Poor and their successors (the Parish Council) in trust as a place of Exercise and Recreation for the inhabitants of the Parish under an Inclosure Award of 1849. The area has since been registered as a Village Green. Recreation Allotments, such as this one, may not be encroached upon, in any way, and even if they so wished the Parish Council is not empowered to grant any sort of vehicular right of way over the area of the Green. Only the Secretary of State for the Environment has such authority.
- St Stephens by Launceston Recreation Grounds Trustees have responsibility to manage the Village Green; the Parish Council holds the Land and is Custodian Trustee. As such they are responsible for upholding the laws regarding the Village Green.
- Motor vehicles are crossing the Green to access Virginia Cottage
- This is not covered by the insurance policy for the Village Green or vehicle driver’s road insurance
- Village Green legislation prohibits the use of motor vehicles on them without specific authority
- Land Registry for Village Green title does not show any vehicular rights on the Village Green
- Land Registry documents for Virginia Cottage title do not show any vehicular rights over the Village Green
- It is reasonable, therefore, to assume there are currently no vehicular rights over the Green to Virginia Cottage, despite unsubstantiated assertions to the contrary by the residents of Virginia Cottage.
Possible solutions
- Erect signage indicating that vehicles cannot drive on the village green
- Take legal action against the owners of Virginia Cottage to stop driving over the Green.
- Problem: probably very expensive
- Owners of Virginia Cottage obtain an easement from Secretary of State
- Problem: despite support from Parish Council, owner not prepared to seek easement
- Block access with a physical barrier
- Problem: if barrier is removed remover can be prosecuted for criminal damage. Any legal action taken to remove barrier will need defending; this should be a police matter.
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