What is Common Land?
Common land is land, usually in private ownership, that has rights of common over it. The main features of common land are that it is generally open, unfenced and remote - particularly in the upland areas of England and Wales. However, there are some lowland areas of common, particularly in the south-east of England, that are important for recreational uses.
Currently, the general public have no rights to go onto common land unless the land is an urban common, or is crossed by public rights of way (and they follow the line of the right of way). However, the government's proposals (in theCountryside and Rights of Way Act 2000link to external website) to permit public access to open countryside in the future will also include access to common land.
The Countryside Agency has published maps showing the land (including commons) to which the public will have access. Conclusive maps for the finally mapped areas are expected by 2005 at the latest.
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), The people who are able to exercise the rights listed above are generally known as 'commoners'.
Common land and rights are a very ancient institution - even older than Parliament itself. They are part of the fabric of life in England and Wales and have their origins in the manorial system.
Page updated: 15 Jun 2010
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