Common Land Exempt from the Registration Process

The New Forest and Epping Forest were exempted from the need to register because they had their own rights registers drawn up under other legislation. The Forest of Dean was exempted due to the fact that it is owned by the Crown, which asserts that the land is not subject to rights of common.

It was also possible to apply to the Minister for an exemption order for land:

• regulated under the Commons Act 1876, the Commons Act 1899, the Metropolitan Commons Acts 1866 to 1898 or under local Act, and

• over which rights of common had not been exercised for at least thirty years, and

• of which the owner was known.

Twenty one exemption orders were made, including:

• the Links at Whitley Bay, North Tyneside

• Coleshill Common, Bucks, and

• Micklegate Stray, York.

The full list of exemption orders can be viewed on the Defra website.

All exempted land was required to be marked on the register maps with a yellow transparent colour drawn inside the boundary of the land, together with the word “exempted”.