Clause6
Commons Bill [Lords]
11:00 am
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
This is the first of several clauses dealing withthe registration of dispositions affecting rights of common. Theseprovisions would require the registration of any disposition for it tobe effective in law. The clause sets out to ensure that the grant of anew right of common will not be effective until it has been registeredon application to the commons registration authority. It is essentialto regulate the grant of new rights in that way to ensure that theregisters are comprehensive of all rights of common exercisable overthe land and that no claim can be made to latent prescriptive rightsthat subsist over the land but have yet to be registered.
The clause makes it impossibleto create a right by prescription or to create a new right that is notattached to land. Abolition of the acquisition of rights of common byprescription ensures that there is certainty as to whether land issubject to rights ofcommon.