The following Property guidance note Produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:
Since the Commons Registration Act 1965 (CRA 1965) came into force, all land in England and Wales which is common land or a TVG, and all rights of common over such land, must be registered, either under the CRA 1965, in the register of title kept under the Land Registration Act 2002 or under the Commons Act 2006 (CoA 2006) (currently in force in relation to pilot areas only).
If not registered, rights of common are not exercisable. Therefore the existence and nature of rights of common is determined by the state of the register.
Commons registration authorities are required to maintain:
a register of common land, and
a register of town or village greens (TVGs)
For each entry, the register must include information on:
the nature of the right
if the right is attached to any land, the land to which it is attached
if the right is not attached to land, the owner of the right
Although not a statutory requirement, the register may also contain information on limitations or restrictions on the exercise of rights. However, absence of the limitation/restriction on the register does not mean that the limitation/restriction is not enforceable.
CoA 2006 enables a commons registration authority to rectify the register where land which satisfies the relevant conditions has not
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