Our house and three others surround the village green. It is owned by the Lord of the Manor, but he lives in Australia and takes no interest in it. The four of us have mown and maintained the green since 1955 - at significant cost. Are we entitled to claim it?
Ownership of a village green, as with any other land, can be acquired by having control of it for a long time, under the principle of adverse possession. You must establish factual possession of the land, the necessary intention to possess the land and the absence of the owner's consent. If the land is not registered at the Land Registry, you will need to prove 12 years of adverse possession; if it is you will need to demonstrate 12 years before October 13th, 2013, otherwise your claim will be more difficult. The maintenance you describe may be sufficient to establish a claim, but your case is borderline much would depend on the precise facts.
Note that even if you succeed should the land be registered with the local authority as a "green", it will remain a green for the benefit of local inhabitants. If it is not so registered, while you will become the owner of the land, other villagers could still try to register it as a new green.
The Sunday Times.
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