11 Facts About Common land

Common land is land owned by a person or collectively by a number of persons, over which other persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel.

Once enclosed, these uses of the land become restricted to the owner, and it ceases to be land for the use of commoners.

Under enclosure, such Common land is fenced and deeded or entitled to one or more owners.

In 2008 the Foundation for Common Land was created in the UK to try to enhance the understanding and protection of commons.

Legal position concerning common land has been confused, but recent legislation has sought to remedy this and remove the legal uncertainties so that commons can be better used and protected.

However the fencing of land within a registered common is not allowed, as this is a form of enclosure and denies use of the land to others.

The government states that common land should be open and accessible to the public, and the law restricts the kind of works that can be carried out on commons.

Under section 38 of the Commons Act 2006, you need consent to carry out any restricted works on land registered as common land under the Commons Registration Act 1965.

In many areas access unenclosed Common land was vital as it allowed the tenant to keep livestock and gain a cash income.

Scattalds are unique to ShetCommon land and are based on udal law, rather than the feudal law that predominated in the rest of ScotCommon land.

Crown Commons were areas of land held directly by the crown and therefore the common rights that could be used were rights of use rather than rights of property.