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Mr. John Maples (Stratford-on-Avon): I support the amendments. Yarningdale common, in the village of Claverdon in my constituency, is owned by the parish council. The Minister has been helpful with regard to the problem there, and I hope that it can be resolved by means of local government legislation, as he has suggested.
I did not expect that a clause and draft regulations would be available by this time to deal with the difficulties that my right hon. Friend the Member for North-West Hampshire (Sir G. Young) described, and I am grateful to the Minister on behalf of about 26 of my constituents. They are quite seriously affected and are being held to ransom by the parish council. Sums of up to £30,000 have been demanded from some of them, although some settlements have been lower.
I have a few small questions about the draft regulations, about which I hope that there will be further consultation. What is the timing for the regulations? I do not see why we should have to wait six months for their introduction, given that they already exist in draft form. Amendment (b) would change the period to three months, and I hope that the Minister will say why that is not appropriate.
I am also worried about the requirement that applications be made within six months. That should be relaxed slightly, especially, as my right hon. Friend the Member for North-West Hampshire noted, in the case of houses built before 1906. They belong to a different category. At least 25 of the 27-odd houses on Yarningdale common were built in the 1880s. They were sold by the then lord of the manor to their tenants in 1885 or 1886. It is difficult to see how the new owners could not have acquired a prescriptive right by the time that the Law of Property Act 1925 came into effect.
Those people would have had nearly 40 years of adverse possession by the time the 1925 Act came into effect, but that is, of course, impossible to prove now. Many of the properties have been through four, five, six or more owners since then. Those changes of ownership limit the potential for gathering the necessary evidence, and a person would have to be more than 100 years old to be able to give first-hand evidence.
Although it is almost impossible for the people involved to prove that they acquired the prescriptive right of way, it is also almost impossible to argue that they did not. For that reason, I believe that a special category should be drawn up to cover pre-1906 houses. It is difficult to imagine that their owners should have to pay anything in relation to the value of the property. I suggest to the Minister that perhaps they should pay some administrative fee instead. They should certainly be expected to cover legal expenses, and perhaps to pay something to the landlord for his time and trouble. Basically, however, those people should be able to get their title confirmed and acquire a rectifying deed for nothing.
My final point has to do with a reference in the draft regulations to land where the number and use of buildings and land served by the access is materially unchanged. Most of the properties around Yarningdale common are well over 100 years old, and change has probably taken place there--for example, a barn may have been converted into a house in a place where previously there was only one dwelling.
In many cases, too, houses may have been rebuilt. Although a house may have one access to a piece of land, there might originally have been a cottage built in the early 19th century that was knocked down and rebuilt. The same provisions should apply in those circumstances, because in the context of the Law of Property Act 1925, the time for which the right of access has been used will depend on when the original house was built, not on when it was rebuilt.
I hope that the Minister can deal with those points. I hope, too, that the regulations can be brought into effect as soon as possible, and that we can consult on them in advance. That will probably represent our only opportunity to deal with the problems that have arisen, so we must ensure that the regulations cover all eventualities.
I end by thanking the Minister again for his extremely constructive and open approach to the matter.
Mr. David Heath: I echo what has been said by the right hon. Member for North-West Hampshire (Sir G. Young) and the hon. Member for Stratford-on-Avon (Mr. Maples). This is a welcome move on the part of the Government to deal with a long-standing problem. A great deal of effort has been put into finding
an appropriate solution. The right hon. Gentleman and the hon. Gentleman both talked about the early introduction of the regulations, and I support their view that an early introduction is to be desired.I am also concerned about the tiered structure of compensation, which will be a matter for further discussion when the regulations are introduced. There is an argument that 3 per cent. for a post-war house--although modest in comparison with what might otherwise have been levied--may still represent a substantial amount for a householder to find. Perhaps 2 per cent. might be more appropriate. However, now is not the time to debate that in detail. Now is the time to welcome what the Government have done, and to support the inclusion of the provision in the Bill.
Mr. David Prior (North Norfolk): I, too, thank the Under-Secretary of State for what he has done to bring about the amendment. I also pay tribute to my right hon. Friend the Member for North-West Hampshire (Sir G. Young) for all the work that he has put into this matter. The regulations are not ideal and give the Minister enormous discretion, allowing him to make different provision for different circumstances. However, given the complexity of the status of common land and vehicular access over it, that is perhaps not surprising.
I do not understand the difference between the 1 per cent. compensation for properties built before 1930 and the 3 per cent. for properties built thereafter. Three per cent. is still a big figure; it is a windfall to the owner of the access and a liability that the property owners had no idea they had. Could that 3 per cent. be reduced--perhaps to 2 per cent.? Also, could part of the consideration we are talking about be set aside to help pay for the upkeep of access roads across common land?
Reference has been made to when the regulations will come in, and it is extremely important that they come in as soon as possible. A number of my constituents in West Runton are considering selling their properties, while other people are considering buying and taking out a mortgage. They all find that their transactions are effectively frozen for the time being.
We have discussed the definition of property. The regulations do not address that problem, although it was addressed in another place. It is important that it is made explicit that "property" includes agricultural land, market gardens and other similar properties. We have heard today about deferring payment, and I hope that it will be deferred until the property is sold. It is often only at that point that the owner has ready cash to make the payment. There has also been talk of making payments by instalment. Given that in some cases payment will be being made for the first time for hundreds of years, I do not see why the owner of the access way cannot wait until the property is sold.
Finally, it would be helpful for the Minister to confirm that those who had access to property prior to 1906 acquired a prescriptive right thereby. When we are looking at records that go back through the mists of time--perhaps over 200 years--it is important to know exactly where access paths of right went; often these would be cart tracks to farms. It may not be easy to
establish where the prescriptive right exists, but it would be helpful if the Minister could confirm that there is such a right.
Mr. Dominic Grieve (Beaconsfield): I, too, welcome the fact that the Minister has taken on board, appreciated and acted on the representations made when this matter was last debated. Lords amendment No. 99, to be inserted before clause 64, goes a long way to meeting all the points that I raised on the previous occasion.
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I should simply like to endorse two important points. The first is about properties built before 1906. I do not believe, and I do not believe that the Minister believes, that people should get something for nothing, yet that is what will happen if some percentage is levied to grant the easement. It should be able to be granted simply on payment of the legal fees. Under the Law of Property Act 1925 and its associated legislation, Parliament, quite intentionally, deprived people of an existing right. It is for us to put that wrong right today.
I hope that the Minister can provide reassurance that for properties built before 1906, no charge will be levied. That would be justice in a situation that has been riddled with gross injustice. Some landlords, particularly in Gerrards Cross in my constituency, have effectively sought to blackmail the owners of properties, many of which predate 1906.
Secondly, may I urge speed on the Minister? This problem has caused a lot of real hardship. Some of the people who occupy such properties are not wealthy. They may have a capital asset, but that does not mean that they have ready cash. Some cannot sell their property because of the difficulties of obtaining the easement. I very much hope that it will not be long before the legislation is introduced and the regulations made.
I repeat my thanks to the Minister for having listened to and acted on the representations that many right hon. and hon. Members have made on this matter.
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