Governance and Management of Commons

The management of commons is invariably complex due to the large number of people holding rights of common and having a legal interest in the common, the need for cooperation between these individuals and the fact that the common will often be an important public resource with a wide range of stakeholders. (Achieving Consensus provides advice on achieving consensus amongst commoners.)

Historically in England most commons were managed through the devolved powers of manor courts. The modernising of legislation and other influences caused a decline in their apparent effectiveness that culminated in the Law of Property Act 1922 which limited their jurisdiction to matters of custom only. Post World War Two there was a renewed interest in positive management; the need to raise food production alongside the conservation of natural resources fostered tensions and identified the need for effective institutional management. The recent growth in agri-environmental agreements and redirection of funding to the delivery of public goods has also increased the need for effective and cooperative management.

There are a number of statutory governance models available which provide the power to compel dissenting individuals to comply in certain situations but until the 2006 Act these were only available on a small number of commons. The 2006 Act provided the opportunity for all commons to adopt a statutory governance model - the Commons Council. However most commons have either no management model or are managed by voluntary associations lacking the ability to bind minorities.


Statutory models of governance

There are various different models of governance. Click below for more information.

Non-statutory models of governance

Commoners and landowners who wish to establish a system of governance but do not feel that a Commons Council is appropriate have a number of non-statutory or voluntary options available. Click below for more information.

Further information and signposting

Rozzie Weir