Success For Farm Over Rights of Way Claim


Articles , News

In recent months, BTF have been supporting a client after a claim for 26 additional Public Rights of Way was made over their land, significantly impacting the ability to continue to grow quality British produce. Kent County Council recently determined they would decline to make an order, however, protecting the freehold value of the property and ensuring public safety around a busy working farm.

Harry Kenton, Associate Director:-

“I am delighted to announce that Kent County Council have declined to make an order for no less than 26 claimed Public Rights of Way over a client’s 500 acre North Kent farm. Working closely with Deborah Sharples of Birketts LLP and Stephen Whale KC of Landmark Chambers, we collated evidence from the previous 20 year period, including interviewing former farm managers and workers to collate statements of truth and compiling an array of evidence. Producing a case to deny the claimed routes has ensured that the productive farm can continue to produce great quality British food including a wide variety of salad and vegetable crops for the supermarket, whilst ensuring the claim did not significantly impact the freehold values.”

BTF Partnership advise clients on public rights of way matters and recommend that Landowners be proactive in managing boundaries and ensuring compliance with existing public rights of way to ensure they are not susceptible to claims for additional routes. A simple yet effective means to protect your property is to lodge a Deposit and Declaration under Section 31(6) of the Highways Act 1980 with the relevant authority.

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