Statutory Declarations

XX (Shropshire Wildlife Trust Reserves Manager) stipulated statutory declarations that document vehicular access to the property, the unrestricted vehicular use must be without force, secrecy or permission for 20 years or more, production of these statements will reinstate the access, there was no mention of the sensitivity of the site or that an opinion from Natural England is required.

Email from XX (Shropshire Wildlife Trust Reserves Manager) dated 8th May 2012 to Judith's then solicitor:

"Further to our telephone conversation earlier today I have received legal advice on this subject and been advised that to go any further you will need to provide evidence of continuous use for 20 years without stealth force or permission."

To reiterate XX makes no mention of the sensitivity of the site or that an application has to be made to Natural England to reinstate the access.

Statutory declarations and supporting evidence which documents unrestricted vehicular access to the property for over FORTY years, submitted on 27th May 2015 to XX (Former Chief Executive Officer of Shropshire Wildlife Trust).

These statutory declarations were accepted by HM Land Registry as proof of a Prescriptive Right of Way under the 20 year rule, and registered as a Prescriptive Right of Way with vehicles and at all times on 27th September 2022:

Witness 1 – Resident – Cramer Gutter – Statement  confirming vehicular use without force, secrecy or permission – 3rd October 2012.

Witness 2 – Daughter of the previous owner (KB) – Statement confirming vehicular use without force, secrecy or permission – 15th October 2012.

Witness 3 – Widow of the previous owner (KB) – Statement confirming vehicular use without force, secrecy or permission – 15th October 2012.

Witness 4 – Former resident of Cramer Gutter and previous owner of the Cramer Gutter field sold to Shropshire Wildlife Trust in 1988–Statement confirming vehicular use without force, secrecy or permission – 19th February 2014.

Witness 5 – Former resident of Cramer Gutter and previous owner of the Cramer Gutter field sold to Shropshire Wildlife Trust in 1988–Statement  confirming vehicular use without force, secrecy or permission – 19th February 2014.

Witness 6 – Former resident of Cramer Gutter and relative of the previous owners – Statement  confirming vehicular use without force, secrecy or permission – 19th February 2014.

Witness 7 – Son of the current owner of the property – Statement confirming vehicular use without force, secrecy or permission – 16th August 2014.

Witness 8 - Current owner of the property – Statement confirming vehicular use without force, secrecy or permission – 2nd April 2015 updated 4th January 2022.

Witness 9 – Resident and postman – Statement confirming vehicular use without force, secrecy or permission – 5th September 2015.

Witness 10 – Farmer and builder to the late owner (KB) – Statement confirming vehicular use without force, secrecy or permission – 23rd November 2015.

                                  Statements from Shropshire Wildlife Trust employees

1. Statement confirming vehicular use without force, secrecy or permission – 6th March 2008.

“Prior to meeting I would like to have some more details as to where the house is and which track it is that is used for access as there are two tracks across the reserve..”

2. Email from XX dated 11th July 2011 referring to the Cramer Gutter route:


“I haven’t forgotten you!  I have at last got our land agent to put something together for permissive access.  I need to write it out and will do as soon as I have the time-the answer is yes to vehicular permissive access (but I will need to get the document to you). “

3. Email from XX dated 20th September 2011:
Subject: RE: Property name* (redacted)


“I have just had a word with my colleague XX who has said that permissive access to your house is certainly possible. Hopefully this means that nothing will have changed and that you can access your property in the same way that you have always done, only there will be a more formal agreement.” This email refers specifically to the Cramer Gutter route!

Statement confirming deliberate obstruction to Judith's Prescriptive Right of Way by Shropshire Wildlife Trust:

4. “Gate leading onto Catherton Common from the Shropshire Wildlife Trust Field. This was put in some time ago by the SWT to stop vehicles using the route and works very well.” XX, 30th September 2011. Website address redacted

Confirmation that Shropshire Wildlife Trust was well aware that Judith and others were driving via the Cramer Gutter route, and that Shropshire Wildlife Trust deliberately obstructed Judith's Prescriptive Right of Way by change of a ten foot gate to a four foot gate that obstructed vehicular access.

5. Email from my former mediator to XX dated 9th June 2016:


“Mrs W* has assembled a number of witness statements by Cramer Gutter residents, all of which confirm the routine vehicular access that formerly existed to Property name* (redacted), and its use by cars, vans and the like over many years. What’s more, aerial photographs taken in 1999 show a clear track leading across Cramer Gutter field to the house….”

6. Email from XX to my former mediator dated 9th June 2016:


“Mrs W* and her brother before must have had access to Property name* (redacted) whether by water tight legal means, by prescriptive right”

7. XX (SWT) writes to XX (Natural England) email dated 17th May 2018:

He states “you and I reached agreement that Mrs W* had a prescriptive right of access to her property by the Cramer Gutter route.”

Pages