Application should be made for the Register to be amended whenever:
(1) a right of common attached to land has been apportioned, varied, extinguished or released (e.g. on a purchase of part of the land having the benefit of a right)
(2) a right in gross has been transferred (normally by deed)
(3) a right attached to land has been severed from that land by transfer and has become a right in gross (following the House of Lords decision on 17 May 2001 in the case of Bettison v Langton).
To enable the Council as Registration Authority to process an application for amendment without delay, please remember:
- to complete all the Parts comprised in the form (if you are not sure of the correct information for Parts 4 or 5, please enquire by telephoning 01905 766608 or 766335).
- in the case of an apportionment, to set out in Part 7 details (e.g. number of animals) of the right claimed in relation to the extent of land acquired. Unless there is specific reference in the transfer deed to an agreed apportionment, the rights would normally be apportioned pro rata to area. The Registration Authority is prepared to advise on the question of what might be appropriate.
- if the registered rights include estovers, pannage, piscary or turbary, please ask the Registration Authority for guidance, as it is not always appropriate for such rights to be apportioned.
- to sign and date the application on page 2 as well as to swear the Statutory Declaration on page 3 in the presence of a qualified person (e.g. Solicitor, Licensed Conveyancer or Justice of the Peace).
- there is currently no charge for making an application.