Common land explained

What is Common Land?

Common land is sometimes used to describe land in public ownership or land that everyone has access to.

It is neither. Land must be legally registered as a ‘Common’ before this description applies.

People often think that any person can enter common land. This is not always the case, but under the Countryside and Rights of Way Act 2000 there is now a public right of access to nearly all common land.

The laws that apply to common land are often the same as for any other piece of private land, except for certain people who have ‘commoners’ rights’.

This is a complex part of the law, and readers should seek local advice what they think might be common land before using it.

Commons pre-date parliament, and even the monarchy. They are left over from the times when land was mainly 'wild' and ownerless. The manorial system appointed owners to the land but the peasantry kept their customary rights – ‘commoners’ rights’ – which included activities like collecting firewood, fishing or grazing their animals.