Common land falls into a special category.
It is land which historically was in shared use, for example for grazing cattle or sheep belonging to different farmers. Such rights may still be in existence; but even if they are not, and even if the owner of the land is unknown, the land must be registered as common land in registers kept by the local authority (usually the county council).
Common land is subject to various controls and restrictions which regulate its use. In 2006, the public at large were given the right to roam freely over common land.
Nineteenth century legislation, still in force, protects common land from damage and disturbance, and development of common land is thus very challenging.
Potential areas of difficulty, where specialised legal advice may be needed, include:
Click to go to our Initial enquiry page.