Commons Registration Act 1965

Type Public General Act
Publication 1965-08-05
Last updated 2006-10-01
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

Registration of commons and town or village greens and ownership of and rights over them

1

and no rights of common over land which is capable of being registered under this Act shall be registered in the register of title.

Registration authorities

2

except where an agreement under this section otherwise provides.

The registers

3

and regulations under this Act may require or authorise a registration authority to note on those registers such other information as may be prescribed.

Provisional registration

4

Notification of, and objections to, registration

5

Disposal of disputed claims

6

Finality of undisputed registrations

7

Vesting of unclaimed land

8

then, if the circumstances are such that, had the direction under subsection (3) of this section been given at a time after the parish or community council had come into being, the land would in accordance with subsection (5)(a) of this section have been vested in the parish or community council, the district council shall, if requested to do so by the parish or community council, direct the registration authority to register the parish or community council, in place of the district council, as the owner of the land; and the registration authority shall comply with any such direction.

Protection of unclaimed common land

9

Where the registration under section 4 of this Act of any land as common land has become final but no person is registered under this Act or in the register of title as the owner of the land, then, until the land is vested under any provision hereafter made by Parliament, any local authority in whose area the land or part of the land is situated may take such steps for the protection of the land against unlawful interference as could be taken by an owner in possession of the land, and may (without prejudice to any power exercisable apart from this section) institute proceedings for any offence committed in respect of the land.

Effect of registration

10

The registration under this Act of any land as common land or as a town or village green, or of any rights of common over any such land, shall be conclusive evidence of the matters registered, as at the date of registration, except where the registration is provisional only.

Exemption from registration

11

Subsequent registration under Land Registration Acts 1925 and 1936

12

The following provisions shall have effect with respect to the registration in the register of title of any land after the ownership of the land has been registered under this Act, that is to say—

Amendment of registers

13

Regulations under this Act shall provide for the amendment of the registers maintained under this Act where—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rectification of registers

14

The High Court may order a register maintained under this Act to be amended if—

and, in either case, the court deems it just to rectify the register.

Quantification of certain grazing rights

15

Disregard of certain interruptions in prescriptive claims to rights of common

16

that period or part shall be left out of account, both—

Commons Commissioners and assessors

17

and shall appoint one of the Commons Commissioners to be Chief Commons Commissioner.

Appeals from Commons Commissioners

18

Regulations

19

Orders

20

Savings

21

Interpretation

22

but does not include a town or village green or any land which forms part of a highway;

Application to Crown

23

Expenses

24

There shall be defrayed out of moneys provided by Parliament any expenses of the Minister under this Act and any increase attributable to this Act in the sums payable under any other Act out of moneys so provided.

Short title, commencement and extent

25

Registration authorities.

Editorial notes

[^c122901]: Act not in force at Royal Assent. Act wholly in force at 1.1.1970.

[^c122911]: Act: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1

[^c122921]: Words repealed by Local Government Act 1972 (c. 70), Sch. 30

[^c122941]: Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 10(6)(a)

[^c122951]: Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 10(6)(b)

[^c122961]: 1899 c. 30.

[^c122971]: 1906 c. 25.

[^c122981]: S. 8(5)-(7) substituted by Local Government Act 1972 (c. 70), s. 189(2)

[^c122991]: 1899 c. 30.

[^c123001]: 1972 c. 70.

[^c123011]: S. 9 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 2(6), Sch. 3 para. 38(1)(d)

[^c123021]: S. 9 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 1(2)(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

[^c123031]: 1899 c. 30.

[^c123041]: 1876 c. 56.

[^c123061]: S. 12(a) repealed (1.4.1998) by 1997 c. 2, s. 4(2), Sch. 2 Pt. I; S.I. 1997/3036, art. 2(c)

[^c123071]: Words repealed by Law of Property Act 1969 (c. 59), s. 16(2), Sch. 2 Pt. I as regards the Yorkshire deeds registries, their registers and areas

[^c123081]: 1832 c. 71.

[^c123091]: 1939 c. 62.

[^c123101]: 1945 c. 43.

[^c123111]: 1950 c. 36.

[^c123151]: Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 26

[^c123161]: S. 17(1A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 26 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

[^c123171]: S. 17(2) applied by Common Land (Rectification of Registers) Act 1989 (c. 18, SIF 25), s. 1(6)

[^c123181]: Words substituted by virtue of S.I. 1968/1656

[^c123191]: 1925 c. 49.

[^c123201]: S. 19 extended by Common Land (Rectification of Registers) Act 1989 (c. 18, SIF 25), s. 2

[^c123211]: S. 19(1)(4)(5) amended by Common Land (Rectification of Registers) Act 1989 (c. 18, SIF 25), s. 2

[^c123241]: 1925 c. 20.

[^c123291]: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

[^c123301]: Words repealed by Local Government Act 1972 (c. 70), Sch. 30

[^c123321]: Words substituted by virtue of S.I. 1967/156 and 1970/1681

[^c123331]: S. 22(1): Words in definition substituted (30.1.2001) by 2000 c. 37, ss. 98(2), 103(2)

[^c123341]: S. 22(1A)(1B) inserted (30.1.2001) by 2000 c. 37, ss. 98(3), 103(2)

[^c123351]: Power of appointment conferred by s. 25(2) fully exercised: S.I., 1965/2000 and 1966/971

[^key-63c5a74842ff1b26a913edc90c4bee12]: Words in s. 1(1)(2)(3) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(2) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-a0184e2b6a0148a96b097ff399d63568]: Words in s. 4(3) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(2) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-810bc5e98d917511162d9b6e8a3efe47]: Words in s. 8(1) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(2) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-9037e6975b549ce553c7f40a6711b974]: Words in s. 9 substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(3) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-7c4d98113ad4c5a6df811d533ae964c6]: Words in s. 12 substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(4) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-b9fb74a5f045c7579d4af44dffc38885]: Words in s. 22(1) inserted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(5) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-069d4843f052e196796bd70962b7f551]: Words in s. 22(2) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 7(6) (with s. 129); S.I. 2003/1725, art. 2(1)

[^key-ef389fef5bab19c5ceae1c39f267bf9c]: S. 9 functions made exercisable concurrently (1.2.2005) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(1)(2)(xv) (with art. 35)

[^key-ffcac09979701cc57ccb14d1c554df0a]: S. 9 functions made exercisable concurrently (1.2.2005) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(xv) (with art. 35)

[^key-7ea00f4aa4c9147be919a82c550531b3]: Words in s. 19(1)(g) substituted (1.10.2006) by virtue of Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 13; 2006 No. 2, Instrument made by Archbishops

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