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New Edition of Gadsden & Cousins on Commons and Greens

Richard Honey
Annabel Graham Paul
Daisy Noble

The new third edition of Gadsden & Cousins on Commons and Greens has just been published by Sweet & Maxwell as part of its Property and Conveyancing Library series.  The book explains what qualifies as a village green or common land and the rights and responsibilities that follow from such a classification.  It discusses what is and is not permitted on common land and village greens under the current law, including the use and development of the land.

The third edition covers town and village greens in considerable detail, including the law up to the Supreme Court’s recent decision in R (Lancashire CC) v SSEFRA [2020] 2 WLR 1. The chapter on registering new greens covers:

  • statutory requirements for a new green
  • exclusion of the right to apply
  • the land claimed
  • interruption of use
  • inhabitants
  • locality
  • neighbourhood within a locality
  • lawful sports and pastimes
  • use as of right
  • acquiring and losing village green status
  • applications for registration
  • Commons Registration (England) Regulations 2014
  • Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007
  • promoting applications for registration
  • objecting to registration
  • deciding applications
  • challenging decisions on applications

The chapter on the management and use of town and village greens covers the acquisition and disposal of greens, recreational use by local inhabitants, use by the landowner, works and structures on greens, the management of greens, the exchange and de-registration of greens, and remedies for interference with use.

The third edition significantly updates the position on common land registration, and the registration of rights of common, to take account of new provisions, as well as covering the historical treatment of common lands in England and Wales.  It deals with the management of and access to common land, the use and development of common land, controls over common land and the compulsory acquisition of common land.

A copy of the book can be ordered here. The book is also available through Westlaw UK.

Richard Honey is editor of the third edition alongside Edward Cousins and Hugh Craddock.  Annabel Graham Paul contributed the chapter on Wales.  Research assistance was provided by Daisy Noble.