| Commentary

209 Public access

| Commentary

209 Public access

Historically, members of the public have not had at common law any rights to wander at will over common land. Rights of common extended only to the local commoners allowing them certain rights over that land. Beyond this, the owner of the common has the normal rights of an owner of land except that he may not exclude the commoners by fencing the land or otherwise interfere with the exercise by commoners of their rights1.

Lawful access to commons by members of the public is generally dependent on certain statutory provisions, or on the consent of the landowner

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