Common Land - Powers of Ownership 2

The general overview of the common land owner's powers, etc were briefly dealt with in No1. Here we look at more particular or specific powers which an individual as an owner of a common holds.

The powers include the following:

• sale of the land or grant of a lease in it or part of it;


• make a gift or bequest of the land;


• carry out relatively minor works to the land, subject to statutory controls; and,


• develop, the land subject to statutory controls;


• power to manage the land.

However, the right to carry out works or develop common land is severely restricted and in most cases would not be possible. The restrictions arise under the Commons Act 2006 (Law of Property Act 1925 in Wales) and the Planning legislation.

In addition, the common land owner is required to consider and respect the rights of third parties, including:

• any commoner's rights of common, eg grazing cattle, sheep, etc, collecting wood;


• the rights of any neighbour, eg one holding a right of way over the common;


• the rights of any lessee or licensee, eg an occupier of mineral workings;


• any rights that a member of the public has to walk or ride on the common (under the Countryside and Rights of Way Act 2000;


• any powers given to third parties, eg a Commons Council;


• any organisation or official with powers to act under statute, eg for conservation, ancient monuments, etc..