[Alby]

A long question, sorry, please feel free to abridge it .

I have worked my allotment for the past 17 years, its next to a Bridle Path, and public right of way. The Bridlepath in places is over 80 yds wide, the plot I look after is on a stretch some 50 yds wide.

Recently a large building firm ( Bellways ) has aquired the land adjacent to the Bridlepath and I was shocked to see that thier border line covers the Bridlepath and my allotment !!. Given thier stance on evicting people from garages they have used for some 20 years as trespassers I am worried that they will move on to the remaining allotmenteers ( all 2 of us )

I have read somewhere that after a certain length of time if the land has been looked after and cultivated by the same person I would have rights to remain on the land.

has anyone got any information that would help me ??
can I be evicted from common land
can I claim the land as mine
 looking forward to the battle and all you,re help would be much appreciated

 Thanks  Alby

[gobs]

Who owns the land, you have been using?

Is the big question. Yes, there is a right to things by historical use and existence, but if a building firm bought it from the owner, I don't think you stand a chance, I'm afraid. I'm not a lawyer though.

[Brambles]

I think that your best bet is to go to your local Citizens Advice Bureau on Monday... if you can't visit in person (best option if you can)... Phone.  Do not leave any stone unturned until you get a proper, legal answer..  
I really hope you get the answer you want..  Good luck.. let us know how you get on.

[Ice]

I don't know where you stand legally but if I were in your situation I would contact the local paper and see if they want to run with it.

[Yorkie]

As other posters have said, it ultimately depends on the status and previous ownership of the land.

Quite frankly, I'd be surprised if the developer didn't have a right to develop the land, given the extent of legal searches they will have done to establish ownership before paying out lots of money.

However, some thoughts.

Have you been paying rent to anyone for the last 17 years?  Were they the legal owners of the land?  Are they the people who have sold it?  If you weren't paying rent then your position may be a little more tricky.

Did you have a rental agreement?  Did it contain any stuff about notice periods?  e.g. a season's notice before you had to be off?

If the path was a legally registered right of way, find out what action has been taken to rescind or re-route it.  Even if it's been registered, to what extent - I'd be surprised if the registered width is 50 yards wide.

The fact you've used the land doesn't necessarily mean it's common land.  Find out if it's registered as such - perhaps the local council will know, or your local history society.

The popular thing round here to prevent development is to apply to register land as a village green.  But if it's really been you and the other peron who have been using it rather than the whole community using the land, I suspect you're on to a loser there.

I assume the land on which you're gardening isn't statutorily protected allotments?  If it is, have the council obtained the permission of the Sec of State to stop them as allotments?  Do you have a council allotments officer who can advise you?

[Alby]

The land did belong to Gateshead Health Authority, the hospital closed, and eventualy was sold to Bellway. The allotment has been used since the 2nd world war, started first by a polish prisoner of war and has been run by various patients and staff ever since, then I moved in.

There has never been rent to pay, and none was ever asked for.

The bridlepath is to remain as a bridlepath and building permission has not been granted to Bellway.

I will folow advice and let you know how I get on.
        Alby

[alfman]

Alby, If you can afford it, get a solicitor to do a search on the land. That way, you'll know exactly where any and all boundarys fall. Its my experience building firms will pinch odd pieces of land wherever they can.
You'll maybe find you haven't lost as much as you think. Any solicitor will tell you how much a search is likely to cost which will give you the option to go ahead or not. Good luck.

[ceri green]

Is the bridleway actually used?
If its a designated PROW then it only has to be used once a year to maintain its status. and access has to be maintained
There will be a PROW officer in the local council, in the Highways dept if i'm correct, so you could contact them in order for the (relatively) exact course of the bridleway. I can fairly certainly say that it won't be 50m wide however! :shock: