Commons
Why commons are special
Common land is unique. It is historical land, which has remained largely undisturbed through the centuries, a remnant of medieval times when people relied on commons for their survival. It is land where the owners of nearby properties have rights to graze animals, collect wood and bracken or dig peat for example. Those rights still exist, although are not exercised as they were in the past.
There are 1.3 million acres of common land in England and Wales, registered in over 9,000 separate units covering all types of landscape and habitat. A staggering 88 per cent of all commons in England have a national or international designation – for wildlife, landscape or archaeology.
The public has the right to walk on all registered commons, subject to certain restrictions, and on many commons there is also a right to ride.
Our role
The particular role of the Open Spaces Society is recognised in that we are consulted on all applications for works on, and exchanges of, common land.
FAQs
- What is common land?
- Who owns common land?
- What sort of land is common land?
- What rights do the public have on common land?
- How do I find out whether the land is common land?
- Is common land protected?
Common land is land subject to the rights of other people to graze animals, collect wood etc, or is waste land of the manor.
All common land has an owner, whether it is a local authority, the National Trust or private individual.
Common land covers all types of landscape and habitat, from the moors of Dartmoor to the fells of the Lake District, the mountains of Snowdonia, the Surrey Heaths and the Norfolk coast. Wherever you live, you are not far from a common!
The public has the right to walk on all commons where previously there was no legal access, under the Countryside and Rights of Way Act 2000. Some commons already had a right for the public before that act and those rights persist. For example, on many commons, there is a right to ride horses under section 193 of the Law of Property Act 1925.
All common land is recorded on registers held by the county or unitary council, and these are open to the public.
If anyone wants to erect a work on common land, they must apply for the consent of the Secretary of State for Environment in England (section 38 of the Commons Act 2006) or the Welsh Assembly Government (section 194 of the Law of Property Act 1925) in addition to any planning or other consent that is required. The Open Spaces Society is consulted and will express a view. Certain works are exempt from these procedures.
If a work has been erected without consent, the landowner, commoners or local authority may be able to take action and, under certain circumstances, the public can too. If you wish to consider taking action against an unlawful work on your common, we can offer advice.
We have published two information sheets on this subject (C1E/W and C2E/W). Email us to order copies of these (please note: for non-members of the society there will be a charge of £5.00 for this information sheet)