I’ve been reading some legal scholarship on the registration of commons and village greens. One of the main themes throughout is the continued difficulties faced in compiling any truly accurate register, given the complex ways in which land has been held and conflicting registrations and non-registrations of common land.
database of commons (2015): https://data.gov.uk/dataset/05c61ecc-efa9-4b7f-8fe6-9911afb44e1a/database-of-registered-common-land-in-england
- Christopher P. Rodgers, Eleanor A. Straughton, Angus J. L. Winchester and Margherita Pieraccini, Contested Common Land: Environmental Governance Past and Present (Routledge, Abingdon, 2011) is the most recent major overview of common land and the impact of enclosure.
- Barbara Bogusz, ‘Regulating public/private interests in town and village greens’, International Journal of Law in the Built Environment, 5: 1 (2013), 21-39 – is a fascinating argument about the problems raised in recent years about communities registering village greens to save them from development for housing. Often environmental concerns are posited as a major reason as well as use of the green spaces for leisure. It also raises the question of ‘proximity’ of the ‘neighbourhood’ from which users of the village green come. As transport enables people to travel to green spaces much further away from their residences than was usual in the 19th century, the old assumptions that local people use their local commons is weakened. This process thereby braodened the idea of the right of use and access.
- John Aitchison, ‘The town and village greens of England and Wales’, Landscape Research, 21: 1 (1996) – on the inaccuracies of the first registration of village greens by the 1955 Royal Commission on Common Land, and charting the different geographical concentrations of village greens in England in the 1990s. The largest number they charted were in Cumbria (191) and Hertfordshire (116).
- Donald McGillivray and Jane Holder, ‘Locality, environment and law: the case of town and village greens’, International Journal of Law in Context, 3: 1 (2007), 1-17.
- J. W. Aitchison, ‘The Commons and Wastes of England and Wales, 1958-1989’, Area (1990)
I’ve also been looking through old civil court cases around commons registration using the Westlaw UK database. More on my findings about common rights and access using these to follow…