The Barnet Eye saves council tax payers from yet another expensive legal cock up over Church Farmhouse Museum

 As you know, this blog has been following the sad story of the destruction of the heritage of our Borough and the failure to protect important buildings. It came to our attention that Barnet Council had listed Church Farmhouse Museum for sale by auction. We reviewed the paperwork and also visited the building to see what state it was in. We were horrified by what we saw. This is a grade two listed building. Here is what we found, when we inspected with a retired expert.

We also found defects in the legal papers that would have potentially opened the council up to lawsuits, for non disclosure of important legal details. I wrote to the council leader and the CEO to express my concerns.

Dear  Cllr Rawlings, Cllr Clarke and Ms Shaw

 

I am writing to you on behalf of an urgent legal matter that could incur a large financial penalty for Barnet Council. I have reveiwed the papers for the sale by auction of CHurch Farmhouse museum. I believe that the paperwork is materially incorrect and misleading to potential buyers and the council may be at risk should the property be sold on the basis of information the council has provided.

 

I refer specifically to the paperwork concerning the public right of way through the grounds. The law states, in relation to a legal right of way

 

A de facto public right of way in England is a route that is legally considered a public right of way (a highway) due to a presumption of dedication by the landowner, which arises from long, continuous use by the public. This is established under Section 31 of the Highways Act 1980 and requires the following conditions to be met: 

• Public Use: The path must have been used by the public generally, not just a specific group of people (like friends or employees of the landowner).
• Duration: The use must have been continuous and without interruption for a full period of at least 20 years. The 20-year period is calculated retrospectively from the date the public's right to use the way is challenged (e.g., by the landowner putting up a locked gate or a clear notice).
• "As of Right": The public must use the way "as of right" (a term meaning "as if by right"). This means the use must be:
  • Without force (e.g., not breaking down fences or gates).
  • Without secrecy (e.g., not using it only at night).
  • Without permission (i.e., the landowner did not give express permission, or there was no clear indication of 'permissive access', which would defeat the claim).

It is clear and documented that this right has been exercised for long in excess of the 20 year period legally required. The paperwork suggests that Barnet Council are not aware of a public right of way through the property. This is clearly incorrect.

Any buyer who attempts to block this will face legal action and may claim remedy from Barnet Council. I would strongly suggest that Barnet Council removes the building from sale at this time. 

 

My personal view is that Barnet Council should not be selling off the heritage of the Borough. However if this folly is to be persued, at least ensure that the paperwork is in order and the council is not likely to face future lawsuits. I am concerned that due diligence does not appear to have been done. In the event that Coucil was previously genuinely unaware of the right of way, you have now been informed. I can obtain testomony from numerous locals who have used this over the last 35 years and are willing to confirm this in writing.

 

I have cc'd the opposition leader as a courtesy for visibility

 

Regards 

Roger Tichborne

 

I have to say that the response from Barnet Council's head of property asks more questions than it answers. I won't comment, as I am sure readers of this blog are more than clever enough to make up their own mind.

Dear Mr. Tichborne,

 

Thank you very much for your email last week to Cath Shaw, the Leader Barry and councillors regarding the proposed sale of Church Farmhouse.  I want to assure you that we are already aware of the potential issue you raised and have been working with our legal team to ensure that an appropriate response is included within the Commercial Property Standard Enquiries (CPSE).

 

The information you have seen was therefore incomplete, rather than incorrect, because the associated CPSE had not yet been uploaded. However, as the legal pack is still being finalised and the auction date is now just over a week away, we have decided to pull the property out of the upcoming auction. Rest assured, the property will be entered into a future auction once the full marketing details are available.

 

Thank you once again for taking the time to write to us about this.

 

 

Kind Regards,

 

Sal Waheed MRICS

Head of Property and Portfolio Management I Growth Directorate

(Property Services, Facilities Management, Print and Mail Services)

 

London Borough of Barnet, 2 Bristol Avenue, Colindale, NW9 4EW

I will simply draw attention to the previous blog I wrote about the subject on 4th November and the letter sent to Barnet, which I received no response to - barneteye.blogspot.com/2025/11/breathtaking-dishonesty-and-hypocisy.html

It is clear to me though that the intervention of this blog has potentially saved Barnet Council taxpayers a fortune in legal bills. This is one reason I still write a blog. Of course I doubt any Labour Councillors will thank me for doing their job of scrutinising what the Council officers are doing. The only difference is I don't get a ten grand allowance for doing this.