IT IS COMMON LANDS, NOT SUBJECT TO REGULATION THAT ARE THE ONES NOW AT RISK OF BEING LOST.

Says Tony Barnett

THERE IS MUCH DISCUSSION OVER COMMON LANDS, RIGHTS OF ACCESS AND OWNERSHIP.

CLAIMS OR UNDERSTANDINGS, ARE NOT ENTIRELY CORRECT, STATEMENTS WHICH I SAY ARE MEANT TO MISLEAD ARE THE ONES THAT SAY “ALL COMMON LANDS ARE OWNED BY SOMEONE OR SOME ORGANISATION”.

WELL I GO BY THE FINAL DECISION OF THE COMMON COMMISSIONER IN 1965 THAT DECISION IS NOW ON THE STATUTE BOOKS.

THIS IS “WHERE THE COMMISSIONER WAS UNABLE TO LOCATE OR IDENTIFY AN OWNER” OF THE REGISTERED COMMON LAND, HIS DECISION WAS TO “VEST” THE COMMON INTO THE CARE OF THE REGISTRATION AUTHORITIES UNDEWR SECTION 9 OF THAT ACT, SO I FEEL IT SAFE TO SAY THOSE COMMONLANDS ARE UN-OWNED.

THE VESTING HOWEVER GIVES NO JURIDICTION TO THE AUTHORITY.

THERE IS ALSO MUCH DISCUSSION ABOUT ACCESS TO THE COUNTRYSIDE IN VARIOUS LEGISLATIVE DOCUMENTS, SUCH AS THE WILDLIFE AND COUNTRYSIDE ACT 1981 AND THE COUNTRYSIDE AND RIGHTS OF WAY ACT (CROW ACT) 2000.

THERE IS TWO OTHER AS OF YET LITTLE KNOWN ABOUT ACTS CURRENTLY NEGOTIATING THERE WAY THROUGH PARLIAMENTRY PROCESS, THEY ARE THE NATURAL ENVIRONMENT AND RURAL COMMUNITIES BILL AND THE COMMONS BILL.

THE LATTER OF THE TWO BILLS WILL HAVE DIRECT EFFECT ON AGRICULTURAL MANAGEMENT OF COMMON LAND, WHICH WILL AFFECT FARMERS.

THE NATURAL ENVIRONMENT AND RURAL COMMUNITIES BILL WILL MAKE PROVISIONS FOR BODIES CONCERNED WITH THESE TWO BILLS, WHICH ARE MAINLY CONCERNED WITH ….. WILDLIFE, SSSI AND NATIONAL PARKS.

THE LEGISLATION IS VERY WIDE AND WILL AFFECT RURAL COMMUNITIES.

THERE IS PUBLIC ACCESS FOR AIR AND EXERCISE TO METROPOLITAN AND “URBAN” COMMONS UNDER SECTION 193 OF THE 1925 LAW OF PROPERTY ACT, BUT THIS DOES NOT APPLY TO MOST RURAL COMMONS.

WHERE THIS STATUTORY RIGHT DOES NOT AUTOMATICALLY APPLY, THE OWNER OF THE COMMON IS ABLE TO GRANT THE SAME RIGHTS OF ACCESS BY DEED IF THE LAND WAS SUBJECT TO RIGHTS OF COMMON AT THE COMMENCMENT OF THE 1925 ACT.

SOME COMMONS ARE ALSO SUBJECT TO RIGHTS UNDER ORDERS AND SCHEMES OF REGULATION MADE UNDER THE COMMONS ACTS OF 1876 AND 1899 RESPECTIVELY.

CURRENTLY, ROUGHLY 20% OF COMMON LAND IS SUBJECT TO RIGHTS OF WAY UNDER THE COMMONS ACT, ALTHOUGH THERE IS INFORMAL ACCESS TO MANY OTHER COMMONS.

UNDER COMMON LAW, MEMBERS OF THE PUBLIC DO NOT HAVE ANY RIGHTS TO WANDER AT WILL OR WALK ACROSS COMMON LAND.

COMMONS ARE NOT “COMMONLY OWNED” AND RIGHTS OF COMMON EXTEND ONLY TO LOCAL COMMUNITIES, ALLOWIG THEM CERTAIN RIGHTS OVER THE LAND.

BEYOND THIS, AN OWNER THE OWNER OF A COMMON HAS THE NORMAL RIGHTS OF AN OWNER OF LAND, INCLUDING RIGHTS TO EVICT TRESPASSERS FROM THE LAND; HOWEVER, HE MAY NOT EXCLUDE THE PUBLIC BY FENCING THE LAND.

AS WITH ANYOTHER LAND, IT MAY BE THAT THE PUBLIC OR PRIVATE RIGHTS OF WAY EXIST OVER THE PROPERTY.

ACCESS ON MOST COMMONS IS NOW COVERED BY THE 2000 CROW ACT, WHICH HAS RECENTLY CREATED NEW RIGHTS OF ACCESS TO MAPPED OPEN COUNTRY AND COMMON LAND FOR FOOT AND OPEN AIR RECREATION.

SECTION 193 1925 LPA STATES THE MINISTER SHALL ON APPLICATION OF ANY PERSON ENTITLED AS LORD OF THE MANOROR OTHERWISE TO THE SOIL OF THE LAND,OR ENTITLED TO ANY COMMUNABLE RIGHTS AFFECTING THE LAND, IMPOSE SUCH LIMITATIONS ON AND CONDITIONS AS TO THE EXERCISE OF THE RIGHTS OF ACCESS OR AS TO THE EXTENT OF THE LAND TO BE AFFECTED AS, IN THE OPINION OF THE MINISTER, ARE NECESSARY OR DESIRABLE FOR PREVENTING ANY ESTATE, RIGHT OR INTEREST OF A PROFITABLE OR BENEFICAL NATURE IN, OVER OR AFFECTING THE LAND FROM BEING INJURIOSLY AFFECTED.

SECTION 193 (1) STATES THAT MEMBERS OF THE PUBLIC SHALL, SUBJECT AS HEREINAFTER PROVIDED, HAVE RIGHTS OF ACCESS FOR AIR AND EXERCISE TO ANY LAND WHICH IS A METROPOLITAN COMMON WITHIN THE MEANING OF THE METROPOLITAN COMMONS ACTS 1866 TO 1898 OR MANORIL WASTE OR A COMMON, WHICH IS WHOLY OR PARTLY SITUATED WITHIN [f1 AN AREA WHICH IMMEDIATELY BEFORE 1st APRIL 1974 WAS] A BOROUGH OR URBAN DISTRICT, AND TO ANY LAND WHICH AT THE COMMENCEMENT OF THIS ACT IS SUBJECT TO RIGHTS OF COMMON.

BEFORE THE 1965 CRA, COMMON LAND WAS ONLY KNOWN AS LAND CAPABLE OF RIGHTS OF COMMON AND NOT REGISTERED AS SUCH.

SECTIONS 193, 1876 AND 1899 ARE REGULARTORY ACTS, AS I HOPE I HAVE EXPLAINED, SLL COMMON LAND ARE NOT SUBJECT TO ANY FORM OF REGULATION.

IT IS COMMON LANDS, NOT SUBJECT TO REGULATION THAT ARE THE ONES NOW AT RISK OF BEING LOST