Briefing

Registration on the Commons Register of land as common land or a town and village green (TVG) has important implications for a landowner.  Third parties will have rights: commoners may have the right to graze cattle or exercise other traditional rights of common; the neighbourhood at large may have the right to pursue recreational activities on the village green.  Common land is also "access land" open to the public under the Countryside and Rights of Way Act 2000.  This public access means the landowner has responsibilities and potential liabilities.  Furthermore, there are statutory restrictions on the use of commons and TVGs; in particular, they cannot be developed.

It is important therefore that only land which is properly common or green should be protected by registration.  This article explores the right of a landowner to de-register land which has been wrongfully registered.