Common land and village greens

Commons Act 2006

Herefordshire Council has been selected by Defra to be a pilot authority for the introduction of the 2006 Commons Act.  Part 1 of the Act relates to registrations and will involve modernisation and rectification of the common land registers and plans.

Schedule 3 of the Commons Act 2006 and Part 4 of the Commons Registration (England) Regulations 2008 made provision for updating the commons registers during a transitional period to capture events since 1970 which have not yet been registered, so as to ensure that the registers are accurate and reliable records as a basis for improved management.

The events which may be registered during the transitional period are:

1. the creations, surrender, variation, apportionment, transfer or extinguishments of a right of common
2. legal events affecting registered land or registered rights of common, such as a compulsory purchase order or the giving of any land in exchange

The transitional period began in the county of Herefordshire on 1st October 2008 and  was originally due to end on 30th September 2009, but has been extended to 30th September 2010. During this transition period, some applications may be made without charge.

Please see the Commons Form and Guidelines page for a list of fees.

There is no need to re-register rights of common already held in the Commons Register.

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.
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'.

There are nearly 200 commons in Herefordshire.  Some are privately owned, some have no known owner and some are owned by the Council and they vary in size from a few square yards to hundreds of acres.

The Countryside and Rights of Way Act 2000 permits public access to open countryside including access to common land.  Access on foot only is permitted on all common land after the passing of the Countryside and Rights of Way Act 2000.  It is permitted to walk dogs on common land, but they must be kept under control at all times, and at certain times must be kept on leads so as not to disturb nesting birds.

Conclusive maps for all areas showing the land (including commons) to which the public have access, including the new open access rights which are now in operation in all regions subject to any short or long term restrictions that may apply, are available on the Natural England website. A link can be found at the top of this page on the External Links.

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.  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 (i.e. grazing of livestock) over them.

An application to register new land as a town or village green can no longer be done under the Commons Registration Act 1965, but can be done under Section 15 of the Commons Act 2006.  When applying to Herefordshire Council as Commons Registration Authority the applicant has to prove that the land has been used ‘as of right’ for a period of twenty years.  ‘As of right’ means that the land owner has not stopped you from using the land or fenced the land in during this time.

Registering or changing details about a common

To register or change details about a common, please download the relevant form. These forms can be found via the Commons Forms and Guidelines page.

For help with completing these forms, please read Defra’s Guidance to applicants in the Pilot areas. A link can be found via the Commons Forms and Guidelines page.

If you have any queries regarding which form should be completed please contact the Commons Registration Office on 01432 261991, email commonsregistration@herefordshire.gov.uk or write to:

Commons Registration Office
PO Box 4
Plough Lane
Hereford
HR4 0XH