Says Tony Barnett

THE 1926 ACT WAS FOR A CENSUS TO BE TAKEN TO IDENTIFY LAND CAPABLE OF RIGHTS OF COMMON.

A FURTHER CENSUS WAS CALLED FOR IN 1936 FOR THE SAME REASONS, IT WAS ALSO NEEDED TO IDENTIFY , THE AREA, THE PRODUCT THE COMMON LAND WAS CAPABLE OF PRODUCING , WAS THE PRODUCT TAKEN BY COMMONERS, BUT ALSO FOR PERSONS THAT HELD PRE-REGISTRATION OF TITLE DEEDS.

PROOF OF OWNERSHIP OF COMMON LAND, NEEDED DISLOSURE OF SUCH DOCUMENTS.

SUCH DOCUMENTAION SHOULD BE APPLIED TO A COMMON OWNERS REGISTER, COMPILED BY THE REGISTERING AUTHORITIES AT COUNTY, OR DISTRICT COUNCILS ETC.

THE 1965 COMMONS ACT WAS AFURTHER CENSUS AS IN 26-36, BUT THIS WAS ALSO TO INCLUDE COMMON LAND BEING REGISTERED AS COMMON LAND, TO INCLUDE A REGISTRATION No CL----

EVIDENCE OF THE STATUS HELD BY COMMON LANDS IN 1965, WAS DISCLOSED BY THE UNIVERSITY OF ABERYSTWYTH TO THE COMMONS COMMISSIONER FOR HIM TO MAKE JUDGEMENTS AS FOLLOWS;

COMMON LANDS WHERE NO PERSON IS REGISTERED AS OWNER

WHERE A COMMONS COMMISSIONER IS UNABLE TO DISCOVER THE OWNER OF A REGISTERED COMMON, THERE IS NO PROCEDURE AS THERE IS IN THE CASE OF “VILLAGE GREENS” FOR VESTING THE COMMON IN A LOCAL AUTHORITY OR OTHER PERSON.

IF NOTHING HAD BEEN DONE, THEN SUCH COMMONS WOULD HAVE BEEN AT CONSIDERABLE RISK OF ENCROACHMENT FROM NEARBY PROPERTIES, ( quote, for no mans land is in danger of being every mans land).

THEREFORE SECTION 9, OF THE 1965 ACT PROVIDES THAT ANY LOCAL AUTHORITY “COUNTY, DISTRICT, AND PARISH/COMMUNITY COUNCIL” IN AREA’S WHERE SUCH AN “OWNERLESS COMMON” IS SITUATED, MAY TAKE SUCH STEPS AGAINST UNLAWFUL INTERFERANCE AS AN OWNER “IN POSSESSION” OF THE LAND COULD TAKE.

MEANING, THAT THE AUTHORITY CAN TAKE CRIMINAL PROCEEDINGS UNDER THE CRIMINAL DAMAGE ACT 1971-1.

THEY MAY ALSO TAKE CIVIL ACTION TO PREVENT PRESPASS, BUT IT IS DOUBTFUL IF THE AUTHORITY COULD SUE FOR DAMAGES SINCE THIS SECTION GIVES IT NO LEGAL INTERST IN THE SOIL. THE SECTION DOES NOT EMPOWER AN AUTHORITY TO SPEND MONEY ON CLEARANCE OR IMPROVEMENT, BUT SUCH EXPENDITURE COULD BE COVERED BY S 137 LOCAL GOVERNMENT ACT 1972 (Baroness Miller of Chilthorne –v-Her Majesty’s Government) GIVES A GOOD UNDERSTANDING.

IN PRACTICE S 9 IS PROVING INEFFECTIVE AS IT CONFERS NO DUTY ON AN AUTHORITY TO TAKE PROTECTIVE ACTION, NOR DOES IT SPECIFY WHICH LEVEL OF AUTHORITY IS EMPOWERED TO ACT , IN CONSEQUENCE, AUTHORITIES CAN READILY AVOID RESPOSIBILITY.

SECTION IS WITHOUT PREJUDICE TO OTHER POWERS THE AUTHORITY MAY HAVE TO TAKE TO PROTECT COMMON LAND eg SECTION 194 1925 ACT, NOW SECTION 45 2006 ACT. SECTION 9 WAS REPEALED BY SECTION 45 OF THE 2006 COMMONS ACT; THE LEGISLATION FIRST ENACTED 1965 WAS SUBSTANTIALLY RE-ENACTED.

THERE SHALL BE REGISTERED, IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT AND SUBJECT TO THE EXCEPTIONS OF THIS CRA ACT 1965

1 a, land in England & Wales which is common land or a town or village green;

b, rights of common over such land;

c, persons claiming to be or found to be owners of such land or becoming the owners thereof by virtue of this act.

4. (1) SUBJECT TO THE PROVISIONS OF THIS SECTION, A REGISTRATION AUTHORITY “SHALL” REGISTER ANY LAND AS COMMON LAND OR TOWN OR VILLAGE GREEN OR, AS THE CASE MAY BE, ANY RIGHTS OF COMMON OVER SUCH OR OWNERSHIP OF SUCH LAND, ON APPLICATION DULY MADE TO IT AND ACCOMPNAIED BY SUCH DECLARATION AND SUCH OTHER DOCUMENTS (IF ANY) AS MAY BE PRESCRIBED FOR THE POURPOSE OF VERIFICATION OR OF PROVING COMPLIANCE WITH ANY PRESCRIBED CONDITIONS.

THIS IS LEGAL, BUT DO NOT MAKE THE MISTAKE OF CLAIMING TO “OWN” THE COMMON; ANYONE CAN MAKE AN APPLICATION OF ANY LAND AS COMMON LAND OR AS A TOWN OR VILLAGE GREEN TO THE AUTHORITIES, ALL’S YOU ARE DOING IS CLAIMING THE LAND TO BE VESTED IN YOUR ORGANISATION ETC.

REFUSAL TO THIS APLICATION NEEDS TO BE GIVEN AND DISCLOSED, YOU NO DOUBT WILL BE ASKED WHY YOU WISH TO CLAIM THE LAND, IF REGISTERED TO YOU, YOU HAVE NO RIGHTS OTHER THAN THAT OF MEMBERS OF THE PUBLIC, BUT, CLAIMS BY PERSONS CLAIMING TO BE OWNERS, WILL HAVE TO DISCLOSE THEIR DOCUMENTS.

THIS ACT OF CLAIMING IS YOUR WAY OF PRESERVING THE NATURAL PHENOMENA, OPEN ACCESS.

THE 2006 COMMONS ACT REPEALED SOME LEGISLATIVE ACTS, AND MADE SOME NEW LEGISLATION; SECTION 219 1285 ACT RIGHTS TO ENCLOSE WAS REPEALED UNDER s47-1 OF THE 2006 ACT, SECTION 47

-2, ABOLISHES ANY POWER OF ENCLOSURE THAT MAY SUBSIST ALONGSIDE OF THE 1285 ACT.

SCHEDULE 4 PARAGRAPHS 6, EMPOWERS ANY MEMBERS OF THE PUBLIC TO ENFORCE AGAINST UNAWFUL WORKS ON COMMON LAND.

ENCLOSURE OF RIGHTS OF WAY, NEEDS PARLIAMENTS APPROVAL TO BLOCK OFF OR TO STOP PUBLIC ACCESS.