Commons Act 2006

9 Severance E+W

(1) This section applies to a right of common which—

(a) is registered in a register of common land or town or village greens as attached to any land; and

(b) would, apart from this section, be capable of being severed from that land.

(2) A right of common to which this section applies is not at any time on or after the day on which this section comes into force capable of being severed from the land to which it is attached, except—

(a) where the severance is authorised by or under Schedule 1; or

(b) where the severance is authorised by or under any other Act.

(3) Where any instrument made on or after the day on which this section comes into force would effect a disposition in relation to a right of common to which this section applies in contravention of subsection (2), the instrument is void to the extent that it would effect such a disposition.

(4) Where by virtue of any instrument made on or after the day on which this section comes into force—

(a) a disposition takes effect in relation to land to which a right of common to which this section applies is attached, and

(b) the disposition would have the effect of contravening subsection (2),

the disposition also has effect in relation to the right notwithstanding anything in the instrument to the contrary.

(5) Where by virtue of any instrument made on or after the day on which this section comes into force a right of common to which this section applies falls to be apportioned between different parts of the land to which it is attached, the instrument is void to the extent that it purports to apportion the right otherwise than rateably.

(6) Nothing in this section affects any instrument made before, or made pursuant to a contract made in writing before, the day on which this section comes into force.

(7) This section and Schedule 1 shall be deemed to have come into force on 28 June 2005 (and an order under paragraph 2 of that Schedule may have effect as from that date).