Commons Registration Search

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What is a Commons Registration Search?

This is a search to establish whether the land which is being purchased is registered as common land in accordance with the Commons Registration Act 1965.

Why request a Commons Registration Search?

If the property is in a rural area or if access is gained to it over open land then it may be wise to carry out a search. If land is common then certain members of the local community (though not everyone as is the common misconception) have a right to access it on foot and to use it for purposes such as village fetes, grazing etc, however noone can use it for vehicular access.

Ordering the search

Form CON29O should be submitted to the local authority together with 2 plans.

The Commons Search Result

Please click the link to see an example commons registration search. There are two parts of the register - the register of common land and the register of town or village greens. If the land itself is revealed to be common land then there is nothing that can be done - it cannot be de-registered - and the situation should be reported to the purchaser and lender. In the unlikely event that the property itself is built on common land then it should not be there and according to the law the county council can order it to be removed. If part of the land which is not built upon is common then it should be reported that it is open to access by the public and should not be fenced in. If the access to the property is on common land then the purchaser and lender should be advised that they may only access the property on foot - vehicular rights cannot exist over common land.

Regards

Free Conveyancing Advice

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