PEOPLE who have to cross common land to reach their homes will now have security of access after a Government ruling.

Rural Affairs Minister Alun Michael has confirmed new procedures for obtaining a legal right of access are now in force.

Until now, people who could only reach their premises via common land had to negotiate with the owner to obtain an "easement."

Despite the fact that their right to drive a vehicle across the common had gone unchallenged for many years, property owners still had no legal right of access.

They faced having to pay large sums of compensation, sometimes up to 10 per cent of the value of the property, in return for the grant of an easement.

Undertaking

On the Malvern commons, which are under the jurisdiction of Malvern Hills Conservators, the rate for an easement was set at £500, with a legal undertaking for owners to pay the balance when Government recommendations under the Countryside and Rights of Way Act 2000 became known.

"Three hundred property owners on Conservators' land already have deeds giving them a right of access and we reckon it's probably the same number who haven't," said the clerk to the Conservators, Val Whittaker.

"The initiative in applying for an easement is usually taken by the owner when the property changes hands."

Kempsey Parish Council, which owns five commons, set the rate at £5,000 for domestic and £10,000 for commercial properties.

The new Government rules provide for the creation of a statutory easement and the owners of commons cannot object, provided the conditions are met and procedures complied with.

In return, they will receive a reasonable sum of compensation based on a percentage of the property's value.

This has been set at 0.25 per cent for properties dating from before December 31, 1905, 0.5 per cent for properties dated between January 1, 1906 and November 30, 1930 and two per cent for all other properties.

Under the new rates, the owner of a £200,000 property on one of the Kempsey commons would pay less whatever its age, but the charge for a £400,000 property built after 1930 would rise to £8,000.

The matter will be on the agenda for discussion at next Monday's meeting of Kempsey Parish Council.