You may be committing an offence if you drive across common land to access your property without having a legal right to do so. An offence may arise if you drive
- without lawful authority on most urban commons (known as ‘section 193 commons’ here ), or
- without lawful authority on any other common, except within 15 yards of a road in order to park on the common.
You can acquire lawful authority to drive over common land by prescription or if you are granted an easement.
Town and Village Greens
You may be committing an offence if you drive across a town or village green (TVG) to access your property without having a legal right to do so.
You may be able to acquire a permanent right to drive over a TVG to your property by prescription or if you are granted an easement.
If, however, vehicle access will interrupt recreation or cause damage to the TVG, you may be unable to obtain a right by prescription or an easement as driving across the land would be a criminal offence. See here.
You can continue to drive your vehicle over the TVG if a vehicular access existed before the land became a TVG.
Vehicular access across Common land and Town and Village greens
Further resources about Commons and Town and Village Greens
Court cases on town & village greens
We publish a commentary about most decisions in the courts about town and village registration cases. You can find a list of these cases here together with a hyperlink to our commentary or (where there is none) a report of the case on the website for the British and Irish Legal Information Institute.