A Commons Charter

Our supporters include commoners’ associations and federations, parliamentarians and non-governmental organisations. Our core principles, as specified in the charter which all supporters are invited to sign, are:

  • The active management of common land makes a significant contribution to rural economies and the maintenance of local communities

  • The active grazing of commons provides substantial public benefits by managing land to enhance its landscape, biodiversity, access, heritage and other environmental goods

  • Common land and the exercise of common rights are fundamental components of our historic and on-going culture.

A Charter for Collaborative Action on England’s Upland Commons

Upland Commons are important and valuable places for both nature and people.

This Charter supports ongoing collaborative working between all parties involved with common land. It forms the basis for taking forward the future management of Upland Commons to achieve the best multiple outcomes.

  • We APPRECIATE upland commons as a collection of physical assets including natural resources, ecology, business, community, history and culture.

  • We RECOGNISE upland commons as special places that are enjoyed both directly and indirectly by different users.

  • We RECOGNISE that each common is unique.

  • The Partnership RECOGNISES the importance of developing trust among current and potential partners, stakeholders and user groups.

  • We COMMIT, through participatory planning, to the long-term delivery of improved outcomes for commons, related businesses, nature, people and communities.

  • We ACKNOWLEDGE the absolute importance of coordinating partner interests and managing visitors to optimise what upland commons can deliver.

  • We COMMIT to inclusivity, respect and professionalism

Statutory Definitions

Common land has been subject to numerous statutes over time, but despite this there is not a simple or uniform statutory definition of common land; for example, when 19th and 20th century statutes defined common land, it was often for a specific legal purpose (for enclosure, regulation, preservation or registration), and this purpose tended to determine the classes of lands involved.

The Commons Registration Act 1965 is often regarded as the first definitive statute, and when we talk of common land today, we often mean registered common land. It defines common land as land subject to rights of common and waste land (Fact Sheet 2 section 2.3) which is not subject to rights of common. Common rights were expressed to include sole rights. Certain common lands were exempted from the 1965 Act, and the registers include lands which might not have been considered common previously – for more information refer to Fact Sheet 4 Registration. The Commons Act 2006 does not redefine common land but applies to land regarded as common under the 1965 Act. Part I of the Act applies to all common land in England other than Epping Forest and the Forest of Dean.

  • The Commons Act 2006 aims to protect common land, in a sustainable manner delivering benefits for farming, public access and biodiversity.

    What does the Commons Act 2006 do?

    • The Act enables commons to be managed more sustainably by commoners and landowners working together through commons councils, with powers to regulate grazing and other agricultural activities.

    • It provides better protection for common land and greens. This includes reinforcing existing protections against abuse, encroachment and unauthorized development. It recognizes that the protection of common land has to be proportionate to the harm caused and that some specified works can be carried out without the need for consent.

    • Part 1 of the Act requires commons registration authorities to bring their registers up-to-date by recording past changes affecting the registers during a ‘transitional period’, and to keep the registers up-to-date by recording new changes affecting the registers. Commons registration authorities will have new powers to correct many of the mistakes in the registers.

    • The Act sets out new, clearer criteria for the registration of town or village greens.

    • The Act prohibits the severance of common rights, preventing commoners from selling, leasing or letting their rights away from the property to which rights are attached.

    • The Act provides for the establishement of Commons councils for the better management of commons.

    To keep up-to-date with what is happening with the Commons Act 2006 you can access the Defra website.