De-registration of Common Land – the Benefits

There are several ways to de-register common land once it is registered.

One area often faced by land owners is when land within which where there is a building, or the building’s curtilage, which has become registered as common land.  These situations have arisen often after the significant period of activity after the introduction of the Commons Act 1965 where the majority of parcels of land were registered as common land.

If you are faced with such a situation then, providing the following criteria are met, then it may be possible to make an application to the registration authority to have the land de-registered.  This de-registration can obviously have a significant effect on the value of the land and property. 

The requirements for a de-registration application are as follows:

• The land was provisionally registered as common land between 2 January 1967 and 31 July 1970.
• The provisional registration of the land was not referred to a Commons Commissionaire.
• The provisional registration became final.

The building and/or curtilage at the date of registration was in existence and has remained so since the date of registration to the date of the application.

For any more information please contact Gareth Pinwell fro our Planning Team on g.pinwell@ashfords.co.uk.