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Temporary severance of right of common
3.—(1) A right of common to graze animals to which section 9(1) of the Commons Act 2006 applies may be temporarily severed from the land to which it is attached by leasing or licensing—
(a)the right of common on its own, provided that the period of the lease or licence does not exceed five years; or
(b)the land, or part of the land, to which the right of common is attached, without the right of common.
(2) Where a right of common is temporarily severed from any land pursuant to paragraph (1)(b), any disposal of the retained right of common on or after the grant of the lease or licence of the land and before the termination has no effect unless the disposal is made—
(a)to the grantee of the lease or licence of the land; and
(b)for a period expiring not more than five years from the expiry of that lease or licence.
(3) Upon the expiration of the term of any lease or licence, the parties may renew it for further periods of up to five years.
(4) References in this article to a right of common, in relation to a right of common to graze more than one animal, include a right to graze a proportion of the number of animals that may be grazed by virtue of that right of common.
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