John Pitts, Partner and land agent at Fisher German’s Ashby office points out, “The new Act aims to increase the protection of Common Land and keep the Common Land Register more up-to-date”.
Common Land is land usually owned by one person over which one or more people are entitled to exercise rights of common. For example, to graze livestock, collect firewood or cut bracken. Under the Commons Registration Act 1965 around 550,000 hectares of Common Land have been registered on the Commons Register.
The Commons Act 2006 received Royal Assent on 19 July 2006. A copy of the Act can be found at www.opsi.gov.uk
Since initial registration, the information relating to Common Land has not always been kept up to date. The new Act aims to update the Commons Register and the Land Registry will now hold information about the ownership of Common Land.
The Commons Act 2006 contains additional provisions, all of which aim to protect and preserve Common Land for future generations. For more information visit: http://www.defra.gov.uk/wildlifecountryside/issues/common
Owners of Common Land should be aware that it is unlawful, without the consent of the Secretary of State in England (National Assembly in Wales) to erect any building or fence, dig ditches or resurface Common Land. They should also be aware that Common Land is identified as Open Access Land under the Countryside and Rights of Way Act 2000, although there are a number of categories of 'excepted land' where public access cannot be taken.