OpenLegislation

Paragraph 2 Applications under section 7: variation of right of commonI1

England and Wales

(1)

An application under section 7 of the 2006 Act may only be made by—

(a)

the owner of any part of the land over which the right of common was exercisable prior to the variation of that right;

(b)

the owner of any land over which the right of common becomes exercisable in consequence of the variation; or

(c)

(as the case may be) the owner of the land to which the right of common is attached, or the owner of the right of common in gross,

and the application must show in which capacity it is made.

(2)

The application must show that the following persons consent to it—

(a)

every person (other than the applicant) who is the owner—

(i)

of any land described in sub-paragraph (1)(a) or (b); and

(ii)

(as the case may be) of the land to which the right of common is attached, or of the right of common in gross;

(b)

any relevant leaseholder of any land described in sub-paragraph (1)(a) or (b);

(c)

any person having the benefit of a relevant charge over any land described in sub-paragraph (1)(a) or (b).

(3)

The application must include—

(a)

evidence of the applicant’s capacity to make the application by virtue of sub-paragraph (1)(a), (b) or (c);

(b)

the numbers of the register unit and the rights section entry in the register of common land or town or village greens for the right of common to which the application relates;

(c)

a description of the variation to be recorded;

(d)

except where the right of common is held in gross, a description of the land to which the right of common is attached; and

(e)

where the right of common to be varied consists of a right to graze any animal, evidence that the land over which that right, in consequence of the variation, would be exercisable is able to sustain the exercise of that right (together with, if the land is already registered as common land, any other rights of common registered as exercisable over that land).

(4)

Where it relates to only part of a right of common, the application must—

(a)

identify that part of the land to which it is attached; and

(b)

be accompanied by an application made for the purposes of section 8 of the 2006 Act.

Annotations

Commencement

I1

Sch. 4 para. 2 in force at 15.12.2014, see reg. 1(1)(b)