Registration
Pilot implementation of Part 1 of the Commons Act 2006
Defra expects to implement Part 1 of the Commons Act 2006, dealing with the registration of common land and town or village greens, in pilot areas from October 2008. We expect to implement Part 1 nationally in stages, beginning in October 2010, but we will undertake a review of the pilot in 2009–10 to assist in determining the best phasing of national implementation. Defra is also minded to make early provision for application nationally under paragraphs 6 and 8 of Schedule 2 (deregistration of buildings registered as common land or town or village green), and will reach a decision in the light of experience in implementing Part 1 in the pilot areas. The earliest date on which such provision is likely to be made is 1 October 2009.
Further details of the pilot implementation, including the pilot areas, links to legislation, guidance to commons registration authorities and applicants, and model forms, will appear here progressively from July 2008 onwards.
Defra consulted on proposals for implementing part 1 of the Commons Act 2006 in England between 3 July and 28 September 2007. The consultation set out Defra’s plans for secondary legislation to enable the commons registers to be updated. Defra published a summary of responses [PDF] (235 KB) to the consultation in January 2008.
Commons Act and Registration Authorities
The Commons Act 2006 signals prospective new responsibilities for commons registration authorities in updating and maintaining registers of common land and town and village greens. Emails are sent to commons registration officers in England from time to time about the functions of registration officers under the Commons Act. Copies of the emails can be seen below.
- Email sent on withdrawal of green applications and other matters - 4 January 2008
(55 KB) - Email sent on Commencement Order no. 3 and other matters - 28 September 2007 (55 KB)
- Email sent about arrangements for searches of the commons registers - 22 August 2007 (19 KB)
- Email sent about rescheduled arrangements for searches of the common registers - 31 July 2007 (25 KB)
- Email sent about revised arrangements for searches of the commons registers - 25 June 2007 (22 KB)
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Email sent about arrangements for searches of the commons registers - 30 May 2007 (18 KB)
- Email sent about new arrangements for searches of the commons registers
- 29 March 2007 (36 KB)
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Email sent on Commencement Order no. 2 - 26 February 2007 (41 KB)
- Email sent about implementation of Part I in 2007 - 12 January 2007 (39 KB)
- Email sent on Commencement Order no. 1 - 22 September 2006 (37 KB)
- Email sent on the Royal Assent - 25 July 2006 (38KB)
New Arrangements for Searches of the Commons Registers
New arrangements for searches of the commons registers began on 1 August 2007. They comprise a modification of the previous non-statutory form CON29 part II used for supplementary searches of local authorities on a purchase of land or property, to be known instead as form CON29O, so as to include an optional question 22 about the commons registers. The new arrangements apply to England and Wales. The existing statutory form 21 for searches of the commons registers was abolished in England and Wales on 1 October 2007.
- Guidance note on new arrangements for searches of the commons registers - August 2007 [PDF] (101 KB)
- The Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007
- The Commons Registration (General) (Amendment) (Wales) Regulations 2007
- Explanatory Memorandum to the Commons Registration (General) (Amendment) (England) (No. 2) Regulations 2007
Project to Establish Ownership of Rights of Common - Bampton Common, Cumbria
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: recording the extent of the land, the owners of the land and any rights held over the common.
Under the Commons Act 2006 the statutory registers are required to be updated and all future events affecting the registers are to be notified. There is no obligation for commoners themselves to register ownership changes of dominant tenements.
Defra commissioned Capita Symonds to carry out a pilot study to define a methodology to identify the ownership of rights recorded in the rights section of the common land registers. The final report sets out the principal findings of the study which concentrated on Bampton Common in Cumbria.
- Final Report (4 MB, very large file size)
- Appendix 1 - Overview Map(1.78 MB, large file size)
- Appendix 2 - Map and Rights of Common Registers(5.7 MB, very large file size)
Adverse possession on common land and town or village greens
Defra has published a guidance note on the extent to which adverse possession can be claimed over land registered as common land or town or village green, and the consequences of a successful claim. The guidance note should be read with guidance published by HM Land Registry on registering title to land through adverse possession.
- Guidance note on adverse possession of common land and town or village greens [73 KB] - 14 December 2007
Commons and Greens Registration and Management Association
Jim Knight, Minister for Rural Affairs, Landscape and Biodiversity announced at the 5th National Seminar on Common Land and Town and Village Greens on 13th of September 2005, funding, to cover three years, for an Association for Commons Registration Officers. [Further information]
Registration of severed rights
The Commons Act 2006 retrospectively prohibits the severance and non pro rata apportionment of rights of common with effect from 28 June 2005. Guidance has been given to registration authorities on the registration of applications in relation to severed rights – see emails sent to registration officers above.
Further information about severance is also available:
Registration of new town and village greens
Registration authorities are responsibile for determining applications to register new town and village greens. More information is available on the town and village green page .
Registration authorities' functions
The Commons Registration Act 1965 designates county councils (and unitary authorities exercising the functions of county councils), metropolitan borough councils and London borough councils as commons registration authorities. For further information see:
Page last modified: 17 July 2008
Page published: 5 February 2003