The following Property guidance note Produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:
The existence and nature of rights of common are determined by the state of the register. Common land, a town or village green (TVG) and all rights of common over such land must be registered under either Commons Registration Act 1965 (CRA 1965) or, now, Commons Act 2006 (CoA 2006). Rights of common are not exercisable if not registered.
CRA 1965 (CRA 1965, s 10 applicable except in relation to the pilot areas) provides that the status of common land or a TVG is finally determined by the register. Registration is conclusive evidence of the matters registered which cannot be rebutted by extrinsic evidence. CoA 2006 (CoA 2006, s 18 currently in force in relation to the pilot areas only), also provides that the register is conclusive as to the status of the land.
If land was common land or a TVG when CRA 1965 came into force, but was not registered then, it is now too late to do so and its status as common land is lost, except in limited circumstances under the transitional provisions of CoA 2006 (CoA 2006, Sch 2, para 2 currently only in force in relation to the pilot areas). Essentially this is where the land is recognised or designated by statute as common land or, in the case of
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