Battle lines have been drawn in Porthleven between the town council and the man who owns much of the port.

A “situation” has arisen at the Moors Playing Field, also known locally as Bottom Park, regarding who has ownership and access to that area.

At last week’s meeting of the council, members were told that a letter had been received from the Porthleven Harbour & Dock Company owned by Trevor Osborne.

It informed the council that a “caution” had been lodged with the Land Registry, against the Moors Playing Field.

It read: “[This caution] is to establish quite clearly that it is the Porthleven Harbour & Dock Company which has the benefit of the restrictive covenants and also rights of access over the property.”

At the same time, the council also received a request from the Harbour & Dock Company for proof of its tenure/ownership of the Moors.

It was not clear at the meeting whether there was a reason for the notice being given at this time.

Speaking afterwards, mayor Andrew Wallis said that the town council had been “informed and updated on a situation” regarding the land, adding: “In consultation with the town clerk, this matter has been handed to the council’s solicitor who will advise on the best course of action and a report will come back to the September meeting of the council.

“In the documents held by the town council and previous legal advice it is clear the town council are the rightful legal trustees of the Moors Playing Field.”

However, Mr Osborne told the Helston Packet: "I have been asking the council to confirm the claim that is made, that they are the trustees. If it's true. But I haven't been able to get any information from the town council.

"We're not in dispute about it, we'd just like to clarify the position. So that's for the benefit of everybody.

"All we want is clarity. It's a waste of money for the council to seek legal advice. "

The vast majority of land at the Moors was gifted for the benefit of Porthleven in 1933, initially controlled by Helston Borough Council, then Kerrier District Council and now Porthleven Town Council.

The council has always insisted that the deeds state the land cannot be let, sub-let or gifted to anyone, or have any permanent structure built on it unless for sport, as it is covered by a covenant.

This covenant was last referred to back in February this year, when two proposals were put before town councillors for a potential new home for Porthleven Town Band – one of which was for the Moors, to include a 150-seater auditorium and recording studio.

At that time it was claimed that to try and change the covenant, or remove it completely, would require a court agreement, with the process costing in the region of £10,000.

But Mr Osborne claimed: "The position is that when the Harbour & Dock Company transferred the Moors to a trust, it held back some restrictive covenants for what the Moors could be used for. It's the Porthleven Harbour and Dock Company that now has the benefit of those covenants.

"It has been said incorrectly at council meetings that the council can't do any thing on the Moors because there are covenants and a trust. I have been asking for years to understand what they mean by that.

"I have advised that the only party that can restrict use of the Moors is the Porthleven Harbour & Dock Company, which has benefit of those covenants.

"It is important to have a clear understanding of these matters, when certain councillors say things which are incorrect."

He added of the band room proposal: "The Porthleven Band were very keen to be accommodated there on land that I was prepared to give the community, but the town council didn't want to cooperate on that."

The Harbour & Dock Company owns a small area of land at the far end of the Moors and has historically had access across the whole area in order to provide maintenance to the sluice on the river there, although the river is now the responsibility of the Environmental Agency.