Common Land and Village Greens
The County Council is a Commons Registration Authority pursuant to the Commons Act 2006, and as such is responsible for maintaining the Registers of Common Land and Village Greens.
This includes updating the registers in certain limited circumstances e.g. when ownership of common rights change or land is “de-registered” when alternative land is offered in exchange for the existing registration.
Also, we deal with applications to register new village greens where it can be shown that new greens have come into existence by virtue of long usage by local communities. We can supply Application forms for use in this context. However, the law applying to such applications is particularly complex and the Council cannot give legal advice to potential applicants (or landowners affected by such applications). Therefore potential applicants are urged to consider taking independent advice before embarking on the procedure. Various potential sources of advice exist although the Council cannot vouch for any of these.
The registers of Common Land and Town and Village Greens are statutory documents and show all such registered land in the Council’s area. Each registered area is listed under a unique 'unit number'. A 'CL' prefix defines the land as common. Likewise, a 'VG' prefix defines the land as town or village green
Each registration is divided in three sections:
Land - Describing the land, who registered it and when. There are also related plans which show the boundaries of the land.
Rights -This includes a description of the rights of common (i.e. the right to graze sheep or other animals), over which area of the common they are exercisable, the name of the person (the 'commoner') who holds those rights.
Ownership- This includes details of owners of common land and village green. However, it is important to note that the registers do not give conclusive proof regarding ownership and should not be relied upon for that purpose. Alternate means of investigating ownership may be more appropriate e.g. enquiries of the The Land Registry.
The registers are available for public inspection. You can make an appointment to view the registers by using the contact details at the foot of this page. However, the Council will not be able to validate or “guarantee” the results gained from personal inspection of the register in contrast to the position which applies when it issues an official “search” as described below.
Copies of the registers can be provided and costs a minimum of £5 for up to 5 sheets (between 5 and 10 sheets is £1 and 50p per sheet thereafter).
It is possible to carry out a search of the Registers to establish whether a particular piece of land is registered as common land or village green. Searches are normally carried out by solicitors/ conveyancers when a property is being bought or sold although they can be carried out at any time if desired for other purposes. A request for a search should be made as part of a "Local Search" application to the District or Borough Council in which the land in question is situated. There is an optional question relating to common land and village greens. A fee will be payable which may vary from Council to Council
Search certificates will reveal whether land is registered as common or village green, if there are rights of common, and whether or not ownership is registered. Depending on the outcome of the search it may be possible for the Council to provide additional information regarding items revealed and copies of the Registers upon payment of the additional fees mentioned above.
Although the Council is unable to supply specific legal advice to enquirers it does seek to assist all persons in resolving issues arising out of common land and village greens if it is reasonably able to do so.
Further Information - Additional Government guidance regarding common land and village greens (together with copies of relevant application forms) are available on the website of the Department for Food and Rural Affairs ("Defra") Defra. The County Council is not able to warrant the validity of external websites but there are various other non-governmental bodies (such as the "Open Spaces Society") which have an interest in common land and village green matters. |