| Commentary

107 Gardens abutting on common land

| Commentary

107 Gardens abutting on common land

Whether the garden has been fenced in or not, and the position of a fence or wall, may be significant to title claims. Similarly the positions of hedges, fences, walls and demarcation may be relevant to whether a garden is or is not part of common land. A buyer of a property with a garden abutting open land should always carry out a search in the commons register set up under the Commons Registration Act 1965. This should establish whether or not any part of the garden is claimed as common land or is

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