Common Land and Village Greens

What is Common Land?

Common land is land, usually in private ownership, that has rights of common over it. The main features of common land are that it is generally open, unfenced and remote - particularly in the upland areas of England and Wales. However, there are some lowland areas of common, particularly in the south-east of England, that are important for recreational uses.

The Countryside and Rights of Way Act, 2000 permits public access to open countryside including access to common land. The Countryside Agency have published conclusive maps for all areas showing the land (including commons) to which the public have access and the new open access rights are now in operation in all regions subject to any short or long term restrictions that may apply.

Rights of common can include:

• Grazing sheep or cattle (herbage)
• Taking peat or turf (turbary)
• Taking wood, gorse or furze (estovers)
• Taking of fish (piscary)
• Eating of acorns or beechmast by pigs (pannage)

The people who are able to exercise the rights listed above are generally known as 'commoners'. Common land and rights are a very ancient institution - even older than Parliament itself. They are part of the fabric of life in England and Wales and have their origins in the manorial system. You can get more information about the history of common land and the statutory protection of common land.

What is a Town or Village Green?

Town or village greens share a similar history to common land. However, they are defined separately for the purposes of the Commons Registration Act, 1965.

Village greens are usually areas of land within defined settlements or geographical areas which local inhabitants can go onto for the exercise of lawful sports and pastimes. Typically, these might include organised or ad-hoc games, picnics, fetes and other similar activities. Whilst land forming town or village greens may be privately owned, many greens are owned and maintained by local Parish or Community Councils. Some greens may also have rights of common (for example; grazing of livestock) over them.

Commons Registration Act, 1965

We are a Registration Authority under the Commons Registration Act, 1965 and we hold registers for both common land and town or village greens which members of the public can inspect free of charge.

What information is in the Registers?

Each area of common land or town or village green is listed in the Registers under a unique 'Unit Number'. For example, Stanhope Common is register unit No. CL22 (the CL prefix defines the land as common). Likewise, Hamsterley Village Green is register unit No. VG45 (the VG prefix defines the land as town or village green).

Each unit number in the register is divided in three sections showing details of:

• Land - This includes a description of the land, who registered it and when the registration became finally registered. There are also related plans which show the boundaries of the land.
• Rights - This includes a description of the rights of common (for example; the right to graze 100 sheep), over which area of the common they are exercisable, the name of the person (the 'commoner') who holds those rights, and whether the rights arise by virtue of a separate land ownership by the commoner (for example; they 'attach' to land).
• Ownership - This includes details of owners of common land. However, entries in this section of the registers are not held to be conclusive.

What do we do?

As a Commons Registration Authority we are responsible for maintaining the registers of common land and town or village greens. This includes updating the registers when ownership of common rights change, or where rights are apportioned (although the circumstances in which we can amend the registers are limited). We amend the registers when we are notified by the Land Registry of changes in ownership of land and we can amend the registers in some instances to show changes in address. We are also responsible for registering 'new' village greens.

The registers are available for public inspection on Mondays to Fridays (except public holidays) between the hours of 9.30am and 4.00pm. You can make an appointment to view the registers by telephoning either Jill Parker on 0191 383 3482 or Barry Charlton on tel: 0191 383 4916. Copies of the registers can be provided on payment of a fee (currently £0.50 per page, plusVAT).

We also carry out searches of the registers. Normally, a search is carried out when a property is being bought or sold. The current fee for a search is £14.00, with additional £1.00 increments payable in certain circumstances, dependent upon the number of plots of land included in the search. Searches should be made via Question 22 on the CON29 part 2 form as part of local authority search and should be submitted to the appropriate local district council. If you only require a common land/village green search, please submit a letter with a description of the property and two plans along with the £14.00 fee and this will reveal a positive or negative result. A search will reveal whether land is registered as common or village green. For further information about searches, please contact Jill Parker on the telephone number above. For general enquiries, please contact Barry Charlton on the telephone number above.

Alternatively, you can fax us on tel: 0191 383 4206, or email us at Corporate Services.

You can get more information about the history of village greens and the statutory protection of village greens.