Common Land
Common land is defined in Section 22 of the Commons Registration Act 1965. It is usually in private ownership, with rights of common over it. Currently the general public has no rights to roam on common land unless the land is an urban common or through access by public rights of way. There are generally six recognised rights of common:
-
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 right to take sand, gravel, stone or minerals (common in the soil)
-
People who exercise these rights are generally known as ‘commoners’.
Confirmation
If no valid objections to an order are received then the order can be legally confirmed. Unless it is confirmed it is not legally effective. A notice of the confirmed order is published in a local newspaper, displayed on site and Parish notice boards and posted to the landowner and other interested parties. If no objections are receive the change to the right of way network is then complete.
Definitive Map
The Definitive Map for Somerset consists of a series of maps showing the route and status of each public right of way (footpaths, bridleways, roads used as public paths and byways open to all traffic) in the County. Together with the written statement these form a legal document that is maintained by the County Council, which has a duty to keep a record of public rights of way in Somerset.
Definitive Statement
A statement which accompanies the definitive map. Where it contains specific information about a route shown on the map, such as its position or width, that information is conclusive evidence as to, for example, the position or width of the right of way. The statement does not have priority over the definitive map, nor does the map have priority over the statement.
Highway Authority
The Highway Authority (Somerset County Council) is the body responsible for maintaining public rights of way and keeping them free from obstruction.
Order
An order is a legal document which shows the proposed change to the rights of way network. It consists of a description of the proposals and includes a scale map showing this. A notice of the order is published in a local newspaper; displayed on site and on Parish Notice boards, it is also posted to the Landowner and other interested parties. Objections can be made during an objection period and if none are received then the order can be confirmed. The order cannot be confirmed if valid objections are received and a Government Inspector may be asked to make a decision.
Surveying Authority
The surveying authority (Somerset County Council) is the body responsible for the preparation and upkeep of the definitive map of public rights of way.
Town/Village Greens
Although they are similar to Common land town and village greens are defined separately for purposes of the Commons Registration Act 1965.
Village Greens are usually areas of land within defined settlements over which local inhabitants can indulge in lawful sports and pastimes, including organised or ad hoc games, picnics, fetes etc. Land forming town or village greens is usually owned by local Parish or Community Councils but is sometimes privately owned. Sometimes village greens also have rights of common over them.
|
