Gadsden on Commons and Greens explains what qualifies as a village green and common land and the rights and responsibilities that follow from such a classification. Now in its second edition, this important work discusses what is and isn't permitted on common land and village greens under the current law, including use and development of the land.
Updates to key Acts, the Countryside and Rights of Way Act 2000 and the Commons Act 2006, have radically revised the statutory regimes for the registration and management of commons and village greens. Together with the various statutory instruments the new legal framework is now very different. The new edition fully considers this new framework and how other, still relevant statutes dating back to the 1800s fit into the picture. It also examines the case law which has developed over hundreds of years. The first edition has been mentioned in many of the leading cases including: Oxfordshire CC (HL, 2006), Bettison v Langton (HL, 2001), R v Oxfordshire CC, ex p Sunningwell PC (HL, 1999), Hampshire CC v Milburn (HL, 1990).
• Explains what qualifies as common land and the rights and responsibilities that follow from such a classification
• Highlights the various conflicts that can arise and how to deal with them
• Goes through the capacity to register new town and village greens
• Significantly updates the position on common land registration, and the registration of rights of common, to take account of the new provisions, as well as covering the historical treatment of common lands in England and Wales
• Deals with vehicular access and the "right to roam" over common land
• Answers questions relating to commercial development
- The Common Lands
- Common Land Registration
- Classification and Quantification of Common Rights
- Registration, Creation and Transfer of Common Rights
- Extinguishment of Common Rights
- Severance and Apportionment of Common Rights
- The Ownership of Common Land
- The Rights and Obligations of the Commoner
- Works and Fencing on and near the Common Lands
- Liability for Animals
- Public Access to the Common Lands
- Town and Village Greens
- Commons Commissioners
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