Abstract
Common land in England presents us with a complex proprietary system: although privately owned, third parties have common land use rights over it, which differ greatly in kind because of varied customary traditions. The paper will begin by tracing the modern history of the property rights on the commons, focusing on the eradication of customary proprietary traditions by modern legislation (Commons Registration Act 1965). The analysis of the evolution of property rights will be linked with that of environmental governance mechanisms and designations to which many commons are subject today and with the quest for sustainable management of common land. Using the analytical framework of legal pluralism, the paper will investigate the power relations between three principal legal orderings applicable to common land governance: environmental management, current property law, and soft and customary law. This analysis will be grounded in the lands of three case studies. Looking at the interrelations of the three legal spheres, it will be possible to provide an analysis of the interplay between property rights and environmental protection as well as offering practical solutions for their reconciliation through the formation of self-regulatory statutory Commons Councils, corporate bodies envisaged by Part II of the Commons Act 2006.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
