NEW laws on access to village greens are threatening to dash the dreams of housebuyers across the region.

A little-known clause in the Countryside and Rights of Way Act 2000, which came into force last year, allows owners of common land the right to charge a one-off fee of up to two per cent of a house's value in return for access.

Many prospective buyers only become aware of a potential problem when solicitors' surveys reveal that permission is not in place in order to cross common land such as village and town greens to get to properties.

John England, who recently sold his house in Scorton, North Yorkshire, said that because it fronted on to the village green, it was discovered that permission was required from the local parish council for permanent access rights before the sale could be completed.

He said: "It held us up from being able to sign the contracts for about two weeks and we were only able to exchange the day before completion, which caused a lot of unnecessary stress to everyone involved.

"It also cost both of us in extra legal fees because of the time solicitors spent in dealing with the problem."

Mr England said fortunately no payment had been required in this case, with the council being able to provide the solicitor representing the prospective purchasers with a letter saying they had no objection to access being granted.

But Scorton resident Ian Meeson said: "My worry would be if some local councils hit on this as some kind of bill or tax as another way of funding themselves."

The Government said the legislation strikes a fair balance and grants land owners reasonable compensation in return for permanent access rights where two parties cannot come to an amicable agreement.

Historically, under a series of Acts formulated in the early 20th Century, the owners of common land, typically local councils and farmers, always had the right to charge people to take a vehicle across it and it was a criminal offence not to pay.

But this led in some cases to huge sums of money being demanded, in some cases up to 15 per cent of the value of a house.

Bev Parr, a spokeswoman for the Government, said the previous position led to a free-for-all.

She said: "The Countryside and Rights of Way Act 2000 creates a framework and a scale of payments to be used, if necessary, dependent on the value of the house.

"It has clarified the position and improved it all round."

She dismissed suggestions that local authorities could use the law as a tax.

She said: "It is entirely up to individuals to negotiate between themselves, but they have a legal right to use the framework in place if necessary.

"We would stress the importance of the surveying process to find what the legal restrictions are on a particular property before a purchase is made.