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Commons Act 2006

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    Commons Act 2006

    2006 CHAPTER 26

    Commentary on Sections

    Part 1: Registration

    Registration of rights of common

    Section 10 Attachment

    77.The existence of rights in gross can render the management of a common more difficult. At common law, it is impossible to convert a right in gross into an attached right. Section 10 enables rights of common held in gross to be attached to land. It is immaterial whether a right has previously been severed from a dominant tenement, or has always existed in gross. The right may be attached to a new dominant tenement on an application to the commons registration authority. An application for the attachment of a right of common to land must be made by the owner of the right, and the person entitled to occupy the land, if different, must consent to the application (subsection (2)).

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