Severance
The Commons Act prohibits the severance of common rights, preventing commoners from selling, leasing or letting their rights away from the property to which rights are attached. This prohibition has effect from the date of the Bill's publication (28 June 2005).
Information about the prohibition on severance is available in a guidance note on severance 
(53 KB) - revised August 2006
Temporary letting of rights of common
The provisions enable the Secretary of State (in Wales, the National Assembly for Wales) to make regulations prescribing exceptions to the prohibition on severance. An order allowing the short term leasing or letting of rights (up to two years) in England has been made, and has effect from 28 June 2005.
- The Commons (Severance of Rights) (England) Order 2006 (SI 2006/2145)
- explantory memorandum to the Order
- guidance note on severance (53 KB) - revised August 2006
- Information Bulletin (August 2006)
Why is severance being banned?
Severance often means that common rights end up in the hands of farmers or graziers who do not live near the common, have no knowledge of the common itself, and may disrupt the livestock management practices there. This makes it difficult to manage agriculture on commons sustainably, causes problems for local rights holders grazing on the common, and reduces the economic efficiency of grazing common land. The retrospective ban will ensure local control of grazing on the commons.
Defra expects to consult in early 2007 on further orders which would enable local temporary exceptions to the general prohibition on severance. These orders will come into effect at a later date, and replace that made in July 2006.Page last modified: 15 August 2006
Page published: 5 February 2003