60 Years Of The 1965 Commons Registration Act

Today marks the 60th anniversary of the 1965 Commons Registration Act - a piece of legislation which has unwittingly created devastating consequences for both humans and nature.

It was a point in history that saw the transition of customary rights in a system of land usage which pre-dates feudalism. At the time, it made sense that all of the rights and land were registered, so that nothing would be lost, so that this ancient system which has survived for such a long time, would continue into our future.

However, the legal system is one of definites and exact amounts, something which didn’t really fit with the long traditions of rights on common land. It used to be that it would be the land deciding how much could be taken from it, each commoner taking their fair proportion (more or less). But the act wanted exact figures.

In the face of the possibility of registering rights at too low a level, and problems in the future, many registered rights much higher than custom dictated, particularly for grazing. It made sense - register as many as you can, just in case. In practice, the same judgement about what the land could manage would continue.

However, the changes in breeds, nor EU Common Agricultural Policy were reckoned on. Many sheep breeds used to be smaller, meaning they ate less, and many breeds of cattle and sheep weren’t as hardy, so they had to be taken off during the winter. This allowed the land to rest, and put a natural limit on the amount of animals grazing the commons. You could only put out as many as you could keep on the farm in the winter (whimsically known as levancy and couchancy). Now, the breeds can stay out all winter. No rest for the land.

On top of this, the EU Common Agricultural Policy ensured that farmers would be paid per head of animal, whether or not it actually sold at market. You add this to the increased registered grazing rights, and no need to bring the animals in, and hey presto - overgrazed land. 

This has been rolled back now, but the damage is already done, and the culture entrenched among many. The feeling is among many grazing commoners that they are carrying on a tradition, despite the fact that how many of the commons are managed now bear little resemblance to the commons of the past. 

And certainly nature has declined drastically in that time. Certainly not just because of the overgrazing - we’re also in the midst of a climate crisis, pollution and much more, but the management is a major contributing factor. And because of the rigid nature of the registration of common rights, a more sensible balance based on what the land is capable of handling now, under these adverse conditions is out of the question. This same rigidity also stops commoners that want to switch animals so they can do conservation grazing and access funding, meaning that they’re stuck, and the only way to break even is to put out every animal they can.

On the other side of this is the lack of registration. There was a window to register common rights and common land, and if you missed it… well, it’s gone. Many rights and a lot of land was missed, land which would have been access land under the 2000 Countryside and Rights of Way Act. Open Spaces Society is calling for the registers to open again to help reclaim some of our lost commons, which we fully support - more land that is accessible to communities can help combat the chronic nature disconnectedness in the UK.

So what is to be done about this? How can we move to a more sensible system, with room to adapt land use to the land as it is now and in the future? We’re advocating for new legislation, and all the details will be available in our call to action soon!