Farming
Common land
There approximately 550,000 hectares of registered common land in England and Wales – about 4% of the total land area.
It is a popular misconception that common land is "owned" by everyone - this is not the case. It is land owned by one person over which another person is entitled to exercise rights of common. Around 80% of common land is privately owned. Subject to statutory controls and the commoners’ interests, owners enjoy essentially the same rights as other land owners.
The Commons Act 2006 addresses three main issues surrounding common land:
- registration of commons and greens (Part 1 of the Act)
- agricultural management of commons (Part 2 of the Act)
- protection of common land (Part 3 of the Act)
Agricultural and environmental management of commons
The Government published a good practice guide in 1998 on managing the use of common land to help land owners and managers. The guide draws on the experience of various organisations and individuals. The Commons Act 2006 enables commons to be managed more sustainably by commoners and landowners working together through commons councils, with powers to regulate grazing and other agricultural activities.
Protection of common land
Common land has always been protected by the careful balance which exists between the interests of the owner and of the commoners, although the inclosures which took place primarily in the eighteenth and nineteenth centuries, generally under Parliamentary authority, caused many areas of common land and common fields to be permanently 'lost', amounting to perhaps one-fifth of the land area of England.
In the second half of the nineteenth century, Parliament became more concerned for the protection and preservation of the common land which remained, and the Metropolitan Commons Acts 1866 to 1898, the Commons Act 1876, the Commons Act 1899, and sections 193 and 194 of the Law of Property Act 1925 introduced substantial statutory protection.
The Commons Act 2006 provides for better protection for common land and greens by streamlining the consents system for works and fencing on commons and ensures that existing statutory protections are applied consistently. This includes reinforcing existing protections against abuse, encroachment and unauthorised development. It recognises that the protection of common land has to be proportionate to the harm caused and provides that some specified works can be carried out without the need for consent.
For further information see Protection and Consents. Applications for consents in relation to common land and town or village greens are now handled by the Planning Inspectorate.
Registration of commons and greens
Common land can be considered to be all land registered under the Commons Registration Act 1965 and shown in registers held by Commons Registration Authorities.
These authorities include county councils, metropolitan borough councils and unitary authorities. The registers they hold are open to the public for inspection.
To informally check the location of registered common land in your area you can use the online mapping facility on the Natural England website (this website reproduces the commons registers as at 2001, and does not include registered common land in Inner London nor in East Sussex. The information on the website should not be treated as legally conclusive for this purpose).
The registers record the extent of the land, claims to ownership of the land and any rights of common held over the land (please note that entries as to ownership are not legally conclusive).
Rights of common can include:
- grazing sheep or cattle (herbage)
- taking peat or turf (turbary)
- taking wood, gorse or furze (estovers)
- taking of fish (piscary)
- eating of acorns or beechmast by pigs (pannage)
Guidance on establishing entitlement to exercise registered rights of common are outlined in a Defra Guidance note.
In addition, provisions in the Countryside and Rights of Way Act 2000 granted the public a right of access on foot to nearly all registered common land.
However, in some areas, this access may be restricted to protect the interests of land management or wildlife.
Natural England has published conclusive maps showing areas of common land in England to which the public has access.
Further information
Defra helpline – 08459 33 55 77
Page last modified: 4 February 2008
Page published: 1 July 2006