We are a registration authority under the Commons Registration Act, 1965 and we are responsible for holding and maintaining the registers for both common land and town or village greens which members of the public can inspect free of charge.
What is common land or common?
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)
What is 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 people 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.
What do we do?
- We update 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 responsible for registering new village greens.
- We also carry out searches of the registers. (Normally, a search is carried out when a property is being bought or sold).
How do I submit a search?
Searches are carried out when a property is being bought or sold. The fee for a search is £10.00, 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 locality office.
If you wish to carry out a common land or village green search, please submit a letter with a description of the property and two plans along with a fee of £10.00 (Cheques should be made payable to Durham County Council). The search will reveal whether land is registered as common or village green.