Offers a treatise on the Law of Commons, Town, and Village Greens. This edition explains what qualifies as common land and the rights and responsibilities that follow from such a classification. It highlights the various conflicts that can arise and how to deal with them, and includes practitioner tools like precedents, forms, worked examples.
Gadsden is the sole authoritative treatise on the law of commons, town and village greens. The previous edition was published in 1988 and this new edition incorporates extensive developments in the law since then. The Commons Bill was detailed in July 2005 with enactment expected in 2006, considering the future of commons law; town and village greens can now apply for commons rights; vehicular access and the "right to roam" over common land are increasingly important issues; as are questions of commercial development - all are covered in this wide-ranging and definitive text. * New edition of the key work in this area * Provides answers to even the most complex problems * Explains what qualifies as common land and the rights and responsibilities that follow from such a classification * Highlights the various conflicts that can arise and how to deal with them * Includes extensive practitioner tools - precedents, forms, worked examples * Updated to include major new legislation such as the Countryside and Rights of Way Act 2000 and Land Registration Act 2002 * Explains the implications of important recent case law, including Newbury District Council v Russell, Hanning v Top Deck Travel Ltd, R v Oxfordshire CC ex parte Sunningwell Parish Council and Oxford CC v Oxford CC
The Common Lands. Common Land Registration. Classification and Quantification of Common Rights. Registration, Creation and Transfer of Common Rights. Extinguishment of Common Rights. Severance and Apportionment of Common Rights. The Ownership of Common Land. The Rights and Obligations of the Commoner. Works and Fencing on and near the Common Lands. Liability for Animals. Public Access to the Common Lands. Town and Village Greens. Management. Commons Commissioners. Appendices. Glossary.