Common commissioners
Who are the Commons Commissioners and what do they do?
The Commons Registration Act 1965 required local authorities in England and Wales to establish registers of common land and town and village greens within their areas. These registers would record the extent of the land, the owners of the land and any rights of common held over the land.
All registrations were initially provisional to provide an opportunity for any objections to be lodged against the particulars of any individual case. In anticipation of disputes arising on the question of boundaries, ownership or rights, section 17 of the Act provides for Commons Commissioners to be appointed to settle these disputes.
The Commissioners must be barristers or solicitors of at least seven years' standing. They have no direct powers to intervene in registrations and deal only with matters referred to them by the commons registration authorities – usually the appropriate county councils. In addition to adjudicating on disputes as described above, they also enquire into the ownership of unclaimed common land and greens. Detailed guidance on their functions is provided by the Commons Commissioners Regulations 1971 [SI 1971/1727].
Applications for registration of new commons and town and village greens made after 2 January 1970 are dealt with by the relevant registration authority in accordance with the Commons Registration (New Land) Regulations 1969 [SI 1969/1843]. The Commons Commissioners have no jurisdiction in these matters.
The Commissioners are not empowered to offer advice or become involved in general administrative or management matters relating to common land – for example, illegal occupation or trespass on a common - as their role is strictly limited by the relevant legislation.
The current Chief Commons Commissioner is Mr Edward Cousins.
Decisions of the Commons Commissioners
Most decisions of the Commons Commissioners, issued since 1972, are available to download on the website of the Commons and Greens Registration and Management Association, at http://www.cgrma.org.uk/CommissionersDecisions/default.
Financial Management and Policy Review
In August 2003, a consultant engaged by the Department completed a Financial Management and Policy Review (FMPR) of the Commons Commissioners. In summary, the consultant's report 
(155 KB) concluded that:
- the functions undertaken by the Commissioners still needed to be carried out
- the Commissioners provide a cost effective service
- the functions of the Commissioners should not be transferred to another body at this stage
Please note that the Commons Act provides for the functions of the Commissioners to be wound up. We expect that outstanding casework on disputed registrations under section 4 of the 1965 Act will be dealt with before winding up.
Page last modified: 10 January 2008
Page published: 5 February 2003