Common land is defined by 2 mutually exclusive types of land : land subject to rights of common; and waste land of the manor, not subject to rights of common. R(COMBER) v HAMPSHIRE COUNTY COUNCIL (2026) EWHC 1244 (Admin) holds that there is NO JURISDICTION TO DETERMINE AN APPLICATION TO REGISTER LAND as “ wate land of a manor not subject to rights of common”, within Section 22(1)(b) of the COMMONS REGISTRATION ACT 1965 when the registration authority is not a “ pioneer authority operating the scheme in the 2006 Act.
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