Request a change to the Commons Register
Making a change:
Section 13 of the Commons Registration Act 1965 gives the Registration Authority a limited power to amend the information held in the registers.
Land Section:
Changes can be made under section 13(a) - when land ceases to be common land or village green; and Section 13(b) - when land becomes common land or village green.
Note that, with effect from the 6th September 2007 in Wales, it is only possible to remove land from the registers where the application under S13(a) is in consequence of any statutory powers (e.g. exchange of land or compulsory purchase order.)
Ownership Section:
Changes can be made when Title is registered at HM Land Registry.
The registration of ownership in the commons registers is not conclusive evidence of legal title to the land. A registration of Title at the Land Registry supersedes an entry in the commons registers. However, this event will not affect the legal status of the land as registered common land.
Rights Section:
Changes can be made when grazing rights are apportioned, extinguished or released, varied or transferred.
Whenever land, with attached rights, is sold in lots, the right of common must be apportioned on a pro rata basis according to acreage.
Attached rights of common such as grazing rights cannot be sold separately from the land (this is known as severance.) Section 9 of the Commons Act 2006 prohibits the severance of rights of common with retrospective effect from the 28th June 2005.
Application to amend the Rights Section of the register should be made by means of a statutory CR Form 19 (Revised), "Application for the amendment of a register in relation to a right of common". There is currently no fee for making a CR Form 19 application.
Commons Act 2006:
The 2006 Act acknowledges that the Commons Registration Act 1965 has proved to have deficiencies and provides a mechanism to replace and improve the current registration system
Powys County Council will continue to keep the Registers of Common Land and of Town or Village Greens established under the 1965 Act. And will be required to bring these registers up-to-date providing an accurate record to underpin the future management of common land.
For more information, please see the Welsh Government website.
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