Warwickshire Direct
Common land and village greens
Introduction to common land and town and village greens
Common land and town or village greens have been a feature of local life in England and Wales since time immemorial. In medieval times communities would use their town or village's common land to pasture their animals and grow crops. Village greens, in the heart of settlements might have served as a safe location to keep stock overnight. As patterns of agriculture changed in the 18th and 19th centuries the use of common land and village green started to evolve as communities increasingly used them as a recreational resource.
In the 1960's for the first time the Government sought to put the system of common land and village greens on a clear legal footing. The Commons Registration Act 1965 put in hand a national survey of commons and village green which resulted in the preparation of the paper Registers and Maps described below, which now form the official legal record. In 2006 the Commons Act was passed putting in hand preparations for the Country to gradually move to a new 'electronic' version of the common land and village green maps. That new system is being phased in gradually across the Country but has yet to reach Warwickshire.
Compared to other parts of England and Wales Warwickshire contains comparatively few large areas of common land, but there are in excess of 150 village greens registered in all parts of the county.
Applications to register new village greens
If it can be shown that new greens have come into existence through long use of land by local communities, members of the public can apply to register that as a village green.
Landowners do also now have a power to voluntarily dedicate land as village green.
The law applying to such applications is particularly complex and the procedure involved can be a very long one. While we will endeavour to be as helpful as possible in clarifying procedural points, we cannot give legal advice to potential applicants or landowners affected by applications.
Defra - guidance on registering a new village green - if you are considering applying to register a new village green, please consult this guidance. Please also take independent advice before starting the application process.
The registers
The registers of Common Land and Town and Village Greens are statutory documents and show all such registered land in Warwickshire. Each registered area is listed under a unique 'unit number'. A 'CL' prefix defines the land as common, and a 'VG' prefix defines the land as town or village green.
Warmington (VG27) (pdf, 534Kb) - Example of a typical Register entry
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 - 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 - 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.
Land Registry - public guides.
Public inspection of the registers
The registers are available for public inspection. You can make an appointment to view the registers by contacting us. However, we are not able to validate the results of a personal inspection.
Alternatively, we can perform an official search and provide copies of the register:
Search costs:
- a minimum of £5.00 for up to 5 sheets;
- £1.00 for between 5 and 10 sheets;
- and 50p per sheet thereafter.
The register map
Every entry in the register corresponds to a sheet in the maps of common land or town and village green. An extract from the map sheet referring to the village of Warmington is attached as an example.
Warmington map (msword, 279Kb)
Searching the registers
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.
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 is situated. There is an optional question relating to common land and village greens at Question 22 on the Local Search Form CON29(O). 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, we may be able to provide additional information regarding items revealed and copies of the registers upon payment of the additional fees mentioned above.
Questions and clarifications
Although we are unable to supply specific legal advice, we will try to help to resolve issues.
Works on common land
If you are going to carry out works on or adjacent to common land (e.g. fencing or the construction or improvement of roads), please check the Planning Portal - Planning Inspectorate.
Can I drive across common land or village greens to access my property?
The law on this topic is not straightforward and the answer will depend on the individual piece of land. Defra can provide more guidance on this
Pending applications
| Site | Date of receipt | Date and venue of public inquiry (if appropriate) | Date determined / outcome / decision maker | Link to application / other documents |
|---|---|---|---|---|
| Higham Lane School, Nuneaton - detached playing field at Ambleside Way, Nuneaton | 15.06.2009 | 21.09.2010 - 22.09.2010 at Council Chamber, Nuneaton Town Hall, Coton Road, Nuneaton, CV11 5AA | 18.01.2011 - application rejected - regulatory committee - minute 4 | Higham Lane School application (pdf, 885Kb) |
| Rectory Road, Old Arley, near Coventry | 17.06.2010 | Not applicable - this is a 'voluntary' application by the landowner. | 03.08.2010 - application approved - delegated powers of Strategic Director of Resources | Rectory Road application (pdf, 310Kb) |
| Myton Lane Spinney, Warwick | 08.04.2011 | To be confirmed | To be confirmed | Myton Lane Spinney application (pdf, 57kb) |
| Land to the East of Le Hanche Close and Somers Road, Keresley Newlands | 03.04.2012 | To be confirmed | To be confirmed | Keresley application |
| Land known locally as Weddington Church Fields, Weddy Fields or Weddington Meadow lying to the North-West of Church Lane, Weddington | 24.03.2012 | To be confirmed | To be confirmed | Weddington ApplicationWeddington Application Plan |
