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Commons Registration Act 1965

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22 Interpretation.E+W

(1)In this Act, unless the context otherwise requires, “common land” means—

(a)land subject to rights of common (as defined in this Act) whether those rights are exercisable at all times or only during limited periods;

(b)waste land of a manor not subject to rights of common;

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

  • land” includes land covered with water;

  • local authority” means F1... the council of a county, F2..., London borough or county district, the council of a parish F2...;

  • the Minister” means the [F3Secretary of State];

  • prescribed” means prescribed by regulations under this Act;

  • [F4register of title” means the register kept under section 1 of the Land Registration Act 2002;]

  • registration” includes an entry in the register made in pursuance of section 13 of this Act;

  • rights of common” includes cattlegates or beastgates (by whatever name known) and rights of sole or several vesture or herbage or of sole or several pasture, but does not include rights held for a term of years or from year to year;

  • town or village green” means land which has been allotted by or under any Act for the exercise or recreation of the inhabitants of any locality or on which the inhabitants of any locality have a customary right to indulge in lawful sports and pastimes [F5or which falls within subsection (1A) of this section].

[F6(1A)Land falls within this subsection if it is land on which for not less than twenty years a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged in lawful sports and pastimes as of right, and either—

(a)continue to do so, or

(b)have ceased to do so for not more than such period as may be prescribed, or determined in accordance with prescribed provisions.

(1B)If regulations made for the purposes of paragraph (b) of subsection (1A) of this section provide for the period mentioned in that paragraph to come to an end unless prescribed steps are taken, the regulations may also require registration authorities to make available in accordance with the regulations, on payment of any prescribed fee, information relating to the taking of any such steps.]

(2)References in this Act to the ownership and the owner of any land are references to the ownership of a legal estate in fee simple in any land and to the person holding that estate, and references to land registered [F7in the register of title] are references to land the fee simple of which is so registered.

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Amendments (Textual)

F3Words substituted by virtue of S.I. 1967/156 and 1970/1681

F5S. 22(1): Words in definition substituted (30.1.2001) by 2000 c. 37, ss. 98(2), 103(2)

F6S. 22(1A)(1B) inserted (30.1.2001) by 2000 c. 37, ss. 98(3), 103(2)

F7Words 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)

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