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Commons Registration Act 1965

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4Provisional registration

(1)Subject to the provisions of this section, a registration authority shall register any land as common land or a town or village green or, as the case may be, any rights of common over or ownership of such land, on application duly made to it and accompanied by such declaration and such other documents (if any) as may be prescribed for the purpose of verification or of proving compliance with any prescribed conditions.

(2)An application for the registration of any land as common land or as a town or village green may be made by any person, and a registration authority—

(a)may so register any land notwithstanding that no application for that registration has been made, and

(b)shall so register any land in any case where it registers any rights over it under this section.

(3)No person shall be registered under this section as the owner of any land which is registered under the Land Registration Acts 1925 and 1936 and no person shall be registered under this section as the owner of any other land unless the land itself is registered under this section.

(4)Where, in pursuance of an application under this section, any land would fall to be registered as common land or as a town or village green, but the land is already so registered, the registration authority shall not register it again but shall note the application in the register.

(5)A registration under this section shall be provisional only until it has become final under the following provisions of this Act.

(6)An application for registration under this section shall not be entertained if made after such date, not less than three years from the commencement of this Act, as the Minister may by order specify; and different dates may be so specified for different classes of applications.

(7)Every local authority shall take such steps as may be prescribed for informing the public of the period within which and the manner in which applications for registration under this section may be made.

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