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RUSHDEN VILLAGE GREENS
UPDATE APRIL 2016
Southern Green, Church Green and Shaw Green now have title registered at
the Land Registry. A copy of the land register itself can be seen together
with extracts from the official plan showing the boundaries of each of the
Greens. Click
here
Noted on the registered title are deeds granting rights-of-way (and
sometimes rights for drains pipes wires et cetera) where residents in the
past have wanted a formal document. The need for such a document is
becoming a requirement of mortgage lenders, more and more and often eases
the process of selling a house to someone who has not been used to living
in a country area. Deeds can provide not only for rights of access and to
have services running across the green but also the ability to access
those services for repair and maintenance, which is not a responsibility
of the trustees. Other properties may have the benefit of rights to pass
across the green, simply through use for a long time although there are
some old “leases” or licences where past trustees gave permission for
access and so rights cannot be acquired by long use. The formal deeds
first referred to above, continue to benefit the property even when there
is a change of owner.
In April 2014, a written note was circulated to residents on or close to
Southern Green and Church Green. For the benefit of the whole village,
parts of that note are dealt with below.
HISTORY
On 6th February 1931, Southern Green, Church Green and Shaw Green were
given
to trustees by the then owners, “uponTrust that the Trustees shall
forever hereafter
stand seized of the premises hereby conveyed to preserve the said lands as
open
spaces for the purpose of recreation of the inhabitants of Rushden ...may
manage or
let the said land for the purposes aforesaid and there shall be vested in
them
absolute discretion as to the type of recreation to be permitted on each
of the said
pieces or parcels of land”
Unfortunately, although the Trustees were given land and duties, there is
almost no incomewith which to carry them out! A small payment is received
annually for an electricity wayleave and a once and for all payment for
telephone lines and cables was recently obtained instead of a tiny annual
rent. A modest fund has been built up over the years, which takes a
substantial hit when trees need maintenance. We do some work and welcome
assistance from residents who do some maintenance or grass cutting.
Particular thanks should be given to John Dingemans and Martin Croker, who
at different times have helped with an annual cut of those areas not dealt
with by adjacent householders.
LEGAL POSITION
The Greens are registered as Common Land but not because separate public
rights
have arisen from long use to be exercised without reference to the
Trustees’
ownership. In essence, the land is private but the Trustees have a duty to
keep it open and residents of Rushden may have the amenity of it.
The basic position is that the greens should not be obstructed. Deeds
granting rights of way do not add to the title of the house which
benefits. Drives remain part of the open space and available for villagers
to ramble where they wish. Neither drives nor the greens themselves are
car parks (although there is no objection to deliveries, workmen’s
vehicles or a specific “party type “ need for occasional parking).
GUIDELINES
We would like to take this opportunity to commit to print for future
guidance (and to provide something to hand over on a change of ownership),
what we see as good use of the Greensand our maintenance plans.
Hedging and trees
Hedges have expanded and thickened. We intend to push back their
boundaries to correctadvances made over the years, clear the scrubby area
between Parknasilla and YounglovesCottage, and tidy the verges from
Youngloves Cottage to the Youngloves Barns gateway. Areas of brambles need
to be taken back or removed. We would like to see the hedges maintained
with English native species.
Southern Green and Church Green are in the village Conservation Area with
the
consequence that trees are protected. Only the Trustees should be involved
in any
attention which may be needed to those on the Greens.
Mowing.
We are happy to leave mowing as a personal preference.
Edging and other verge protection
Please do not put stones poles or planking at the edge of the Greens or
along
drives, in spite of the inability of some couriers etc to keep to hard
surfacing. The
Greens do recover in spring/summer. If anyone wishes to install hard
plastic mesh
which is shallow buried and becomes invisible, as protection for the edges
of drives,
but not to form parking areas, we have no objection.
We intend to build up areas on the greens which have suffered from vehicle
damage.
IDENTITY, INFORMATION AND QUERIES
The Trustees and registered owners are:
Chris Hill, Friars Grange, Offley Green, Rushden. 01763288266
Charles Gutteridge, Ty Cottage, Southern Green. 01763281272
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