Thank you for your reply 'Temp'
We have read that document (several times in fact) and a few others on Land Registry and general solicitors web sites where they broadly comment on the subject. We are not seeking to acquire the track for ownership simply obtain a formal right of access in case an owner does surface. So as far as we can tell we fall into this category from the gov web site:
3.4 Burdened land is unregistered
An application for a caution against first registration can be made if the burdened land is unregistered. See practice guide 3: cautions against first registration for information on how to lodge a caution against first registration.
because there is no registered owner of the track with LR and none that we can establish locally to tell them we can only request a 'CAUTION' against any first registration that does happen in the future.
The form with LR seems straight forward enough but we are trying to make sure we apply for the correct thing...however, would you suggest that a solicitor with experience in this area would be money well spent instead?