Why keeping on top of encroachments remains so important for New Forest Commoners

This article by New Forest CDA committee member and chair of the encroachments sub committee James Young was first published in the CDA’s annual report for 2025.

The work of our encroachment team and more widely the Encroachments Working Group has continued on a similar basis this past year.

From the New Forest Commoners’ Defence Association’s point of view, an encroachment is where a potential permanent loss of grazing for our depastured stock occurs.

This ranges from the classic encroachment whereby a new fence is erected which is outside of the original and encloses a (usually small area) of Forest which was formerly available for grazing.

We have dealt with several of these in the past year and in most cases, we have explained to the owners that although the land is owned by them, it does not give them the right to enclose this land because we have acquired prescriptive rights and we have been able to negotiate a successful outcome.

Other types of encroachments include access which was previously grass and brambles and are now replaced by hoggin and in some cases by tarmac and brick paving.

We do attempt to investigate every reported encroachment and in some cases, this results in us deciding that there is none and advising the complainant accordingly.

In the case of encroachments on the Crown Lands, we work closely with Forestry England whilst on the adjacent commons we have liaised with the National Trust.

We have found that the more concerted an approach, the more likely it is our chance of success in getting it remedied.

We would not pretend that we are successful in every instance and there is definitely an increase in the number of encroachments – often not a wilful encroachment but simply a lack of understanding of our rights in respect of our stock.

If anybody has an encroachment that they wish us to investigate, do please either contact our chairman or send a message through the form on the website (click on Contact above).