Law of The Commons
The legal position concerning common land is confused. Most commons are based on ancient rights, that is to say common law (coincidence of term only), which pre-date statute law laid down by parliament. The exact rights which apply to individual commons were in some cases documented but more often were based on long-held traditions. The UK government tried to regularise the definitions of common land with the Commons Registration Act 1965, which established a register of common land. However numerous inconsistencies and irregularities remain.
Prior to the Erection of Cottages Act 1588, an Englishman could build his house on common land, if he could raise the roof over his head and have a fire in the hearth between sunrise and sunset, and claim the dwelling as his home.
Registered commons often abut each other, so what may appear to be a single large common may in fact consist of several commons with no visible boundary between them — these may for example be in different parishes. The commoners will have reciprocal rights over each other's commons.
Read more about this topic: Common Land
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