The Commons Registration (England) Regulations 2008

Applications for the purposes of Schedule 3: severance of right of common E+W

19.—(1) An application to amend a register in consequence of the severance of a right of common from land to which it was attached, which is a qualifying event by virtue of paragraph 2(2)(b) of Schedule 3 to the 2006 Act, may only be made by—

(a) the person to whom the right of common was transferred upon being severed;

(b) the owner of the right of common at the date of the application; or

(c) the owner of land to which the right of common is registered as being attached.

(2) The application must include—

(a) evidence of the applicant’s capacity to make the application (as described in sub-paragraph (1));

(b) the numbers of—

(i) the register unit, and

(ii) the entry in the rights section of that register unit,

which are to be amended; and

(c) a description of the land to which the right of common was attached, and evidence of the ownership of that land at the time of the severance of the right of common.

(3) The application must include or be accompanied by—

(a) the written instrument (if any) which the applicant claims has effected the severance of the right of common; and

(b) if there is no such instrument, or if that instrument does not express an unambiguous common intention by the parties to it that the right of common should be severed—

(i) other documentary evidence, contemporaneous to the time at which the applicant claims that the right of common was severed, of a common intention by the transferor and transferee of the right of common that it was to be severed; or

(ii) evidence that the right of common has subsequently been treated as severed.