LANDOWNERS... Is your name on the Commons Register?

Our agricultural and commercial property solicitor Amy Arnold attended NYCC County Hall earlier this year to represent a client at a successful Commons Registration hearing. The type and nature of Common Rights vary – and not all land has them. They can include the right to graze sheep on the common, a right to take bracken or peat, amongst others.

Any farmer who has Common Rights will confirm how important they are both in terms of grazing but also in respect of claims for entitlements. Unfortunately, over the years the Commons Registers have often not been updated or events have occurred which means that the people exercising the rights on a common may not be the persons be showing on the register.

The Commons Act 2006 means that it is now not possible for Rights of Common to be severed from the land which means that when land now sells or is transferred, any Common Rights which benefit the land must also be included. This can cause problems for landowners who, prior to 2005, exercised Rights of Common which are not in fact tied to the land they own.

To counter this problem, it is possible to apply to the Commons Registry to record a ‘Historic Event’ and have these rights registered to the person who has been exercising them. Such applications are decided based on the evidence submitted and other factors and can mean that a hearing needs to take place for a decision to be made.

Common Rights are part of the heritage of agriculture and need to be preserved as the valuable asset that they are.

We can provide advice and assistance to landowners who either exercise Common Rights but are unsure whether these rights have been correctly registered to them or landowners who have purchased land and are unsure whether they have Common Rights.

For further information or to make an appointment please call Amy Arnold on 01947 601122