Looking across Wolvercote Common - geograph

The Commons Registration Act 1965 is an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

in the United Kingdom enacted in 1965 that concerns the registration of rights to

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 fuel, wood, or to cut turf for fuel. A person ...

town green A village green is a common open area within a village or other settlement. Historically, a village green was common grassland with a pond for watering cattle and other stock, often at the edge of a rural settlement, used for gathering cattle ...

s, and

village green A village green is a commons, common open area within a village or other settlement. Historically, a village green was common pasture, grassland with a pond for watering cattle and other stock, often at the edge of a rural settlement, used for ...

s in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

. The legislation under the

Harold Wilson James Harold Wilson, Baron Wilson of Rievaulx, (11 March 1916 – 24 May 1995) was a British politician who served as Prime Minister of the United Kingdom twice, from October 1964 to June 1970, and again from March 1974 to April 1976. He ...

government made reference to the ''

Land Registration Act 1925 The Land Registration Act 1925 (LRA) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the Land Registration Ac ...

'' and '' Land Registration Act 1936''. The

Countryside and Rights of Way Act 2000 The Countryside and Rights of Way Act 2000 (c. 37), known informally as the CRoW Act or "Right to Roam" Act is a United Kingdom Act of Parliament affecting England and Wales which came into force on 30 November 2000. Right to roam The Act imp ...

and the

Commons Act 2006 The Commons Act 2006 (c 26) is an Act of the Parliament of the United Kingdom. It implements recommendations contained in the Common Land Policy Statement 2002. The Act sets out the provision for designation of town or village greens. Part 1 S ...

, which gave new opportunities to register greens, amended the act.

Registrations and Losses

In the late 1960s, following the enactment of the Commons Registration Act 1965, the

Open Spaces Society The Open Spaces Society is a campaign group that works to protect public rights of way and open spaces in the United Kingdom, such as common land and village greens. It is Britain's oldest national conservation body and a registered charity. Foun ...

worked hard to register common land and common rights, in the three years allowed by the Act. However, still many commons were lost through failure to register them. The Act has reduced the historical rights of households that did not register under the Act. For example, villages in

Wolvercote Wolvercote is a village that is part of the City of Oxford, England. It is about northwest of the city centre, on the northern edge of Wolvercote Common, which is itself north of Port Meadow and adjoins the River Thames. History The Domesday B ...

north of

Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...

used to have grazing rights on

Wolvercote Common Wolvercote Common is an area of grassed common land north of Port Meadow in Oxford, England. Overview Wolvercote is a village in the City of Oxford on the northern edge of Wolvercote Common. Wolvercote villagers have traditionally had rights on ...

. However, since the Act came into force, only those households that registered under the Act now have this right. Several hundred square kilometres of ‘waste land’ that was eligible for registration under the 1965 Commons Registration Act was not, in fact, finally registered. As a consequence, it ceased to be recognised as common land. A partial remedy for this defect in the earlier legislation is provided by the Commons Act 2006. Under Schedule 2, 4 of the Act, applications that failed under the original registration process may, in certain circumstances, be reconsidered – offering, in effect, a second chance for the land to be confirmed (‘re-registered’) as common. Land that is re-registered in this way will enjoy the special legal protection afforded to common land. It will also be subject to the public right of access introduced by the Countryside and Rights of Way Act 2000; or, may qualify as a section 193 ‘urban’ common (in which case, it would also be subject to a right of access for horse-riders).Open Spaces Society website – section on the commons act 2006

References

1965 establishments in England 1965 establishments in Wales United Kingdom Acts of Parliament 1965 Acts of the Parliament of the United Kingdom concerning England and Wales English property law Common land in the United Kingdom Common land in England {{UK-statute-stub

Registrations and Losses

See also

References