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Commons Registration
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 Frequently asked questions

 

What is common land?
Common land is defined by the 1965 Act as ‘land subject to rights of common ... whether those rights are exercisable at all times or only during limited periods’ or can be the waste land of a manor not subject to any rights of common. This definition of common land excludes town or village greens and any land which forms part of a highway. Rights of common include:

  • Pasture (the right to turn stock on to the common to graze).
  • Turbary (the right to dig turf or peat for use as fuel in the commoner's house).
  • Piscary (the right to fish in another person's lakes, ponds or streams).
  • Pannage (the right for an owner to take pigs into the woods of the grantor and to allow the pigs to eat the acorns or beech mast which fall onto the ground).
  • Estovers (the right to take underwood and small branches, either for fuel or for repairing fences or buildings, or bracken and similar growths for the benefit of the commoner's animals).

Rights of access to and across registered common land are not rights of common.

What are town or village greens?
Town or village greens comprise land allotted by or under an act for recreational use by local inhabitants or on which local people have enjoyed customary access for lawful recreational purposes as of right for not less than 20 years. Such land rarely carries any rights.

Who owns common land and town or village greens?
Common land and town or village greens may be owned privately or by a public body - such as a local authority. Details of ownership at the date of registration are included in the register. For some areas of common land, village or town greens ownership was not claimed by anyone and these were specially protected - see sections 8 and 9 of the 1965 Act.
To establish current ownership, you should contact HM Land Registry.

Do I have access to registered land?
Town or village greens by definition confer public access subject to any local bylaws. Common land did not confer an automatic right of access to everyone. However, under the Countryside Rights of Way Act 2000 the public have a right to access registered common land unless it is excepted land or accessible to the public under other specified legislation. Access issues can often be resolved by talking to the owner of the land in question.

How do I find out what land is registered? 
If you would like to find out if land is registered as common land or as a town or village green you should contact the Countryside Access Team.
 
If you would like to search the registers of common land or town or village greens as part of the conveyancing process see below.

How do I submit a search of the registers? 
Searches of the registers should be submitted as an additional question on the CON29 land charges search form. Please note that you are required to enclose a cheque for £14.00 made payable to ‘Cambridgeshire County Council’ as well as duplicate plans containing sufficient information to identify the land in relation to its surroundings - including parish and street names.

See information for solicitors and conveyancing professional in the left hand menu.

How do I apply to register a new village green?
If you would like to make an application to register a piece of land as a new town or village green you will need to submit a Form 44.
Form 44 and guidance notes are available electronically on the right of this page, or a paper copy can be requested by contacting the countyside access team.
Please read the guidance notes before completing the form 44. If you have any queries regarding completing the form please contact the countryside access team.
Further guidance can be found on the Defra website. The Open Spaces Society have produce a booklet titled ‘Getting greens registered’ for applicants, details on how to obtain a copy of this and further information can be found on The Open Spaces Society website.

Which areas do you cover?
We cover all of Cambridgeshire, but not the Peterborough City Council area. For Peterborough commons searches, please contact Peterborough City Council through the link in the right hand menu.



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