Commentary

17 Prevention of registration of new commons

COMMONS vol 6(1)B
| Commentary

17 Prevention of registration of new commons

| Commentary

17 Prevention of registration of new commons

If new rights of common, as widely defined in the Commons Registration Act 19651, are created over land which is not already registered common, both the land and the rights should be registered. In order to prevent this, the rights should be granted for a term of years rather than in fee simple. Rights of common held for a term of years or from year to year are specifically excluded from the definition in the 1965 Act.

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