Common land - Definition and Overview

Common land, or just common, is frequently used to describe a parcel of land, usually near the centre of towns and villages, which is thought to be owned 'in common' by all the members of the community.

However, this definition is actually a widely held misconception. More accurately Common land in England and Wales, is land which although owned by someone, is subject to 'rights of common' by one or more other people. For example those other people might have the collective right to graze livestock, or collect firewood on the common land. Around 80% of the common land in England and Wales is privately owned, either by individuals, estates or charities. The rest is owned by parish and other councils or has unknown ownership.

The legal position concerning common land is confused. Most commons are based on ancient rights which predate the established law and even the Monarchy. The exact rights which apply to individual commons may be documented but more often are based on long held traditions. The UK government tried to regularise the definitions of common land with The Commons Registration Act of 1965, which established a register of common land. However numerous inconsistencies and irregularities remain.

See also

• Crown Estate
• Rights of Way
• Tragedy of the commons
• Tragedy of the anticommons
• Village green
• Wong

References

• DEFRA Common land, town and village greens (http://www.defra.gov.uk/wildlife-countryside/issues/common/)