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.
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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.
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Once enclosed, these uses of the land become restricted to the owner, and it ceases to be land for the use of commoners.
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Under enclosure, such Common land is fenced and deeded or entitled to one or more owners.
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In 2008 the Foundation for Common Land was created in the UK to try to enhance the understanding and protection of commons.
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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.
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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.
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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.
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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.
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In many areas access unenclosed Common land was vital as it allowed the tenant to keep livestock and gain a cash income.
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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.
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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.
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