Prescriptive Rights on Blue Parcel

The “Blue Parcel” is council-owned land, but for decades it has been managed and played as part of the public 18-hole golf course run by the charity. Not only has the council never objected to that use, it deliberately set it up that way. That long-standing use gives rise to what are known as prescriptive rights, recognised under the Prescription Act 1832, which is still in force.

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In plain language, prescriptive rights mean: if land has been openly and continuously used in a certain way for a long time, the law recognises that use as a right. In the case of the Blue Parcel, we are not talking about 20 years, but almost half a century of uninterrupted, council-sanctioned community use.

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Here, the charity has done exactly that. For over forty years, it has maintained, managed, and integrated the Blue Parcel into the whole course. Tee boxes, fairways, and pathways cross freely between council and charity land. The public, through the charity, have enjoyed the land as one course without interruption.

That history matters. It means the Council cannot now simply re-label the Blue Parcel as a separate plot to be repurposed. The charity has earned the right to continue its use, and the public has the right to benefit from it.

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Real-world examples of prescriptive rights

• Village footpaths: Communities have secured rights of way across private land simply because they walked there for decades. The law upheld their continued use.

• Farm access tracks: Farmers have gained rights to drive over neighbouring land after openly doing so for over 20 years, even without written agreements.

• Golf course access: Courts have upheld claims where neighbouring land was mown and maintained as part of a course for decades, recognising the club’s right to continue use even when ownership was contested.

• Playing fields: Local sports clubs have succeeded in proving prescriptive rights to pitches and training grounds after long, uninterrupted use — even when landowners later tried to fence them off or repurpose them.

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Why this matters for Stoke Poges

• The charity has the right – decades of stewardship cannot be undone.

• The public has the benefit – because the charity holds the land for them.

• The Council has the duty – it cannot strip away rights that the law protects.

The Blue Parcel is not an isolated asset for disposal. It is part of a legally recognised whole — held in use by the charity, and enjoyed by the public.