Commentary

35 Creation of a right in common in fee simple

COMMONS vol 6(1)B
| Commentary

35 Creation of a right in common in fee simple

| Commentary

35 Creation of a right in common in fee simple

Before Part 1 of the Commons Act 2006 comes into effect in the relevant area1, a right of common can be created by statute, by express grant, by prescription or by substitution on the exchange of land. Where there was copyhold tenure2, the right could arise through custom. No new rights of common, however, can be created where the land is already registered as common land. There is some dispute as to whether or not new rights of common can be created by prescription over land which is not registered

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial