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Borderlines in Private Law

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An Outline of the Law Relating to Common Land and Public Access to the Countryside


ISBN13: 004602
ISBN: 004602
Published: June 1967
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



This is an entirely fresh re-statement of the law relating to common land and rights of common, with particular reference to the Commons Registration Act, 1965.

With the object of facilitating proper registration under the Act this book clarifies the meaning of common land, and distinguishes it from similar types of land, such as land held in common, land used in common, common fields, open spaces, and village greens.

The work also looks at the rights and duties of all those who have a legal, statutory or general interest in common land: that is, the "owners of the soil" of common land, the owner of rights of common, government departments, local authorities, and other public bodies with statutory powers over common land, and of course members of the public.

The problems of managing common land within the frame-work of the existing law are given special emphasis, because this is probably the most important practical question in the minds of those concerned with common land, and management is to be the next matter for commons legislation.

In view of the close connection between common land and the question of public access generally, the opportunity is taken in the second part of this book to re¬state the law relating to access as a whole. This up-to-date and comprehensive survey will be invaluable. Rights under common law, grant, and statute are considered; restrictions arising under trespass, restric¬tions carrying a penalty for breach, the various types of land subject to restrictions, and even occupier's lia¬bility, are discussed.

Here then is a thoroughly useful guide to the present law, and a reference work, for legal practitioners, surveyors and estate agents, and local authorities; and also for owners of rights of common, and the public at large whose interest the new legislation seeks to protect.

Price in U.K.
£3 17s. 6d. net