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Registered common land and highways

Summary

1.1. Registered common land may also be part of a public highway, and evidence that land is registered common land or part of a highway is of little or no value in demonstrating that the land is not the other. Similar principles apply to registered town or village greens, although the statutory background is different.

1.2. In the society’s view, the registration of highway land as common land cannot be assailed or set aside on the grounds of wrongful registration. The functions of a highway authority in relation to highway land registered as common land are subject to the controls on works contained in Part 3 of the Commons Act 2006: these controls will seldom interfere with maintenance, but may require the consent of the Secretary of State in relation to improvements or fencing.

1.3. Whereas, where any highway land is included in the registration of a town or village green, the registration is not in breach of any express requirement in legislation but the registration may theoretically constrain the maintenance of the highway, particularly if it is a tarred road used by motor traffic.

For further information, please download our information sheet on Registered common land and highways