The Field Reeves of a regulated pasture in the north of England have been asked by the owner of the moor to give consent to the installation of track across the moor. They are prepared to agree to this but want to ensure that they don’t in any way limit their rights in future.

They want to apply legally binding conditions to the consent relating to the construction, maintenance and future use of the road, for example: no spurs to the road; padlocked barriers and keys only given to those with approval of the Field Reeves; compensation for any loss of forage area in relation to existing and future agricultural and land management schemes. They will also need planning permission and this should be a condition of the works

To achieve this they need to instruct a solicitor to draw up a legally binding document and get an undertaking for costs from the Owners. The Field Reeves should not bear the cost when they do not want the track.

It is worth considering the penalty if the Owners breach the internal agreement - you can't really make them take the road up but you could impose a fine.