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Legal Summary

Commons

Owners of rights of common have specific limited rights to the natural produce of the common. Otherwise the landowner owns the common and its produce. In the case of some commons the landowner may not be known for certain. Those seeking access to common land may find it useful to consult the Commons Registration Authority. The taking of genetic material by others will require the consent of the landowner and might require consultation with the commoners if it is likely to have an impact on the exercise of their rights. Where the land has a specific nature conservation interest, eg designated as a Site of Special Scientific Interest, other UK legislation will afford additional protection. Furthermore, where a common has been made subject to a scheme of management under the Commons Act 1899, the district council or, in Wales, the county borough authority is empowered to make bylaws to regulate and protect the common. These may prohibit any person from taking or injuring the surface or plants growing on the common without lawful authority, and prohibiting the taking or intentional disturbance of animals on the common. Local authorities also have a byelaw-making power under section 235 of the Local Government Act 1972 which may be used to protect common land not subject to a scheme made under the 1899 Act and to which no other byelaw-making power applies.

For more information concerning common land http://www.defra.gov.uk/wildlife-countryside/issues/common/index.htm