The registers

The Common Land and Town or Village Green Registers consist of bound volumes detailing extents, rights and ownership in relation to areas of common land and town or village greens, as registered under the Commons Registration Act of 1965 and the Commons Act 2006.

Each area of common land and town or village green is listed in the registers under a unique 'unit number'. For example, The Riverside Nether Poppleton is register unit number CL92 (the prefix CL defines the land as common land). Likewise, The Foreshore Naburn is register unit number VG50 (the prefix VG defines the land as town or village green).

Each unit number in the registers is divided into three sections:

Land section

This includes a description of the land, who applied to register the land, and when the land became finally registered. There are also related plans which show the boundaries of the land.

Rights section

This includes a description of the rights of common (for example a right to graze a certain amount of sheep), the area of common over which the right is exercisable, the name of the holder of the right and whether the right is attached to land in the ownership of the holder of the right (the commoner) or is a right held in gross ie unattached to land.

Ownership section

This includes details of the owner(s) of the common land. Entries in this section however, are not held to be conclusive.

What is common land?

Common land is land land owned by one person over which another person is entitled to exercise rights of common. These rights are generally exercisbale in common with others. Such land is also normally in private ownership.

Rights of common are legal rights exercisable only by certain individuals (the 'commoners') who live in certain properties or in a certain area.

There is a common misconception that Common Land is land in public ownership that any person has a right to enter. This is not necessarily so and it was not until the Countryside and Rights of Way Act 2000 that the public were granted a legal right of access (on foot only) over registered common land. The Countryside Agency have published conclusive maps for all areas showing the land (including commons) to which the public have access and the new open access .

Rights of common can include:

• grazing sheep or cattle (herbage)
• taking peat or turf (turbary)
• taking wood, gorse or furze (estovers)
• taking of fish (piscary)
• eating of acorns or beechmast by pigs (pannage)

What is a town or village green?

Town or village greens share a similar history to common land. However, they are defined separately for the purposes of the Commons Registration Act 1965.

Town or village greens are usually areas of land within defined settlements or geographical areas on which local inhabitants have indulged in lawful sports and pastimes, for 20 years or more, as of right.  Typically, lawful sports and pastimes might include organised or ad-hoc games, picnics, fetes and other similar activities. Whilst land forming town or village greens may be privately owned, many greens are owned and maintained by local parish or community councils. Some greens may also have rights of common (for example grazing of livestock) over them.

An application to register new land as a town or village green can no longer be made under the Commons Registration Act 1965, but should be made under the Commons Act 2006 Section 15.

City of York Council is a Commons Registration Authority and has a statutory responsibility under the Commons Registration Act 1965 for maintaining and keeping up-to-date the registers of Common Land, and Town and Village Greens for the City of York  area.

Form 44 which is the application form to use when applying to the Commons Registration Authority can be requested from the Commons Registration Officer or downloaded from this page.

Further information

The Defra website has more information and advice on common land and town and village greens or visit the Open Spaces Society website.