59-577: Hackney Downs is a park and an area of historically common land in the Lower Clapton area of the London Borough of Hackney . The name is sometimes also used to apply to the neighbourhood around the park. The Downs open space was originally common land, preserved from the 1860s as parkland as a result of pressure by the Commons Preservation Society . At 16 hectares (40 acres), the park
118-435: A marking fee is paid each year for each animal turned out . However, if excessive use was made of the common, for example, in overgrazing , a common would be stinted , that is, a limit would be put on the number of animals each commoner was allowed to graze. These regulations were responsive to demographic and economic pressure. Thus rather than let a common become degraded, access was restricted even further. The lord of
177-407: A parish council is normally given guardianship by vesting the property under section 8 the act. An online database of registered common land was compiled by DEFRA in 1992–93 as part of a survey of the condition and wildlife of commons. The official up to date registers of common land are held by the commons registration authorities. The following registration information is held: This includes
236-543: A cost-cutting measure, as have the regular Fireworks Night shows. The park was given a Green Flag award in July 2008. The ‘Hackney Downs’ neighbourhood can be described as the western part of Lower Clapton ; the area to the west of Cricketfield Road and east of the railway line. The streets north and south of the park are dominated by social housing (such as the Nightingale Estate ) – these areas were largely rebuilt during
295-415: A description of the land, who applied to register the land, and when the land became finally registered. There are also related plans which show the boundaries of the land. This includes a description of the rights of common (e.g. a right to graze a certain number of sheep), the area of common over which the right is exercisable, the name of the holder of the right and whether the right is attached to land in
354-471: A house on common land, raise the roof over their head and light a fire in the hearth, then they would have the right of undisturbed possession. The belief—sometimes called "keyhole tenure", and which persisted as recently as the early 20th century—was actually a fallacy, but to stop landless peasants unlawfully squatting on commons, the Erection of Cottages Act 1588 ( 31 Eliz. 1 . c. 7) was introduced. Under
413-405: A manor. A commoner would be the person who, for the time being, was the occupier of a particular plot of land. Most land with appurtenant commons rights is adjacent to the common. Other rights of common were said to be in gross , that is, they were unconnected with tenure of land. This was more usual in regions where commons were more extensive, such as in the high ground of Northern England or in
472-495: A series of private acts of Parliament, mainly from about 1750 to 1850, which enclosed large areas of common, especially the arable and haymeadow land and the better pasture land. The maintenance of fences around a common is the responsibility of the occupiers of the adjacent enclosed land, not (as it would be with enclosed land) the responsibility of the owners of the grazed livestock. This can lead to difficulties where not all adjacent occupiers maintain their fences properly. However
531-402: Is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights , such as to allow their livestock to graze upon it, to collect wood , or to cut turf for fuel . A person who has a right in, or over, common land jointly with another or others is usually called a commoner . In Great Britain, common land or former common land
590-532: Is one of the larger open spaces wholly within the London Borough of Hackney. It has a play area, basketball courts, football pitches and a bowling green. Occupying, as it does, a fairly central place in Hackney, the park used to be the yearly venue for the popular Hackney Show, but this event — which helped to give a sense of community and identity to an often-troubled borough — has been discontinued in recent times as
649-410: Is substantial support among those with interests in the land, such as; the commoners (especially those who actively exercise their rights); owners and other legal interests. Commons councils enable decisions to be made by majority voting, so relieving the burden of trying to reach unanimous decisions. They will have the power to make rules about agricultural activities, the management of vegetation, and
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#1733094157092708-399: Is the prime consideration and where the owner and commoners do not require a direct voice in the management, or where the owner cannot be found. There are at least 200 schemes of management made under the 1899 act. The Law of Property Act 1925 ( 15 & 16 Geo. 5 . c. 20), which still forms the core of English property law, has two provisions for common land: The UK government regularised
767-463: Is usually referred to as a common ; for instance, Clapham Common and Mungrisdale Common . Due to enclosure , the extent of common land is now much reduced from the hundreds of square kilometres that existed until the 17th century, but a considerable amount of common land still exists, particularly in upland areas. There are over 8,000 registered commons in England alone. Originally in medieval England
826-468: The Commons Act 1876 ( 39 & 40 Vict. c. 56) some 36 commons in England and Wales were regulated. The act also enabled the confirmation of orders providing for the inclosure of common land or common fields. The Commons Act 1899 ( 62 & 63 Vict. c. 30) provides a mechanism of enabling district councils and National Park authorities to manage commons where their use for exercise and recreation
885-505: The Fens , but also included many village greens across England and Wales. Historically manorial courts defined the details of many of the rights of common allowed to manorial tenants, and such rights formed part of the copyhold tenancy whose terms were defined in the manorial court roll. Example rights of common are: On most commons, rights of pasture and pannage for each commoner are tightly defined by number and type of animal, and by
944-488: The Parliament of England . The exact usufruct rights which apply to individual commons were in some cases documented, but more often were based on long-held traditions. A major reform began in 1965, with a national register of common land which recorded the land ownership and the rights of any commoners, and two other important statutes have followed. Owners of land in general have all the rights of exclusive ownership, to use
1003-510: The common arable fields and common haymeadows assigned annually by lot . When not in use for those purposes, such commons were grazed . Examples include the common arable fields around the village of Laxton in Nottinghamshire, and a common meadow at North Meadow, Cricklade . Lammas rights entitled commoners to pasture following the harvest, between Lammas day, 12 August ( N.S. ), to 6 April, even if they did not have other rights to
1062-502: The 16th century. By the 19th century, unenclosed commons had become largely restricted to large areas of rough pasture in mountainous areas and to relatively small residual parcels of land in the lowlands. Enclosure could be accomplished by buying the ground rights and all common rights to accomplish exclusive rights of use, which increased the value of the land. The other method was by passing laws causing or forcing enclosure, such as Parliamentary enclosure. The latter process of enclosure
1121-654: The 1930s and 1960s. Hackney Downs School was also located here. The site has been redeveloped as the Mossbourne Community Academy . Hackney Downs is currently a ward name , the represented area of three councillors, of Hackney Council up for election every 4 years. The two London Overground stations are Hackney Central on the North London line and Hackney Downs on the Lea Valley Lines to Liverpool Street . Common land Common land
1180-503: The 19th century, many customary duties had been replaced with the payment of rent. Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ended by the early 1500s, forms of copyhold tenure continued in England until being completely abolished by the Law of Property Act 1925 . The privileges granted to each tenant, and
1239-791: The 2006 act, and to add land omitted under the 1965 act. Other than for those commons covered by the Law of Property Act 1925 , the Commons Act 1899 and certain other statutes, the public did not have the right to use or enjoy common land if they were not a commoner. However, the Countryside and Rights of Way Act 2000 (c. 37) gave the public the freedom to roam freely on all registered common land in England and Wales. The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced, and are available online as "open access maps" produced by Natural England. Commons are included in
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#17330941570921298-673: The Commons Preservation Society found a champion in Augustus Smith who had the inclination and the money to act, and himself held commons rights. Smith hired 120 navvies armed with hammers, chisels and crowbars, who on the night of 6 March 1866, under the aegis of the newly formed Commons Preservation Society (now the Open Spaces Society ), felled to the ground two miles of iron railings. Soon after, local people flocked in. Lord Brownlow took action against Augustus Smith and
1357-476: The Second World War as a result of the advance of woodland into traditional heathland areas when, as one commentator stated: ...returning soldiers gave up trying to scratch a living out of the forest. Whereas once hundreds of commoners used the wood and heath—their livestock obliging by chewing down young tree shoots—today there is only one commercial grazer. The conservators were forced to intervene to stem
1416-648: The Secretary of State for the Environment, Food and Rural Affairs (Defra). Under section 38 of the Commons Act 2006, you need consent to carry out any restricted works on land registered as common land under the Commons Registration Act 1965. Restricted works are any that prevent or impede access to or over the land. They include fencing, buildings, structures, ditches, trenches, embankments and other works, where
1475-500: The Welsh and 16% of the English commons. Cattle are registered on 35% of Welsh and 20% of English commons, whilst horses and ponies are registered on 27% of Welsh and 13% of English commons. In some cases rights to graze goats, geese and ducks are registered, whilst in others the type of livestock is not specified. These figures relate to the number of common land units, and due to discrepancies in
1534-444: The actual land deed itself. The legal owner of the manor land remained the mesne lord , who was legally the copyholder , according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By
1593-654: The authorities at other heathland areas in the New Forest and Surrey". In 2008 the Foundation for Common Land was created in the UK to try to enhance the understanding and protection of commons. The legal position concerning common land has been confused, but recent legislation has sought to remedy this and remove the legal uncertainties so that commons can be better used and protected. Most commons are based on ancient rights under British common law , which pre-date statutes passed by
1652-456: The centre of a dispute between some local residents and the forest's governing body, the Board of Conservators, which is responsible for administering the forest's 24 km of common land. The conservators wished to restore the forest's landscape to one that predominantly consisted of heathland—its defining characteristic until the mid-twentieth century, but something that was in danger of being lost after
1711-550: The common was an integral part of the manor , and was thus part of the estate held by the lord of the manor under a grant from the Crown or a superior peer (who in turn held his land from the Crown; it is sometimes said that the Crown was held to ultimately own all land under its domain). This manorial system, founded on feudalism, granted rights of land use to different classes. These could be appurtenant rights whose ownership attached to tenancies of particular plots of land held within
1770-458: The commoners were able to find better-paid work in other sectors of the economy. As a result they largely stopped exercising their rights; relatively few commoners exist today. Much common land is still used for its original purpose. The right to graze domestic stock is by far the most extensive commoners right registered, and its ongoing use contributes significantly to agricultural and rural economies. Rights to graze sheep are registered on 53% of
1829-405: The copyholder. Two main kinds of copyhold tenure developed: Copyhold land often did not appear in a will . This is because its inheritance was already pre-determined by custom, as just described. It could not therefore be given or devised in a will to any other person. In some instances, the executor of the estate held the copyhold for the term of one year after the decease of the testator, which
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1888-537: The court case lasted until 1870 when it ended with the complete vindication of Smith. Development of common land is strictly controlled. The government states that common land should be open and accessible to the public, and the law restricts the kind of works that can be carried out on commons. HM Planning Inspectorate is responsible for determining applications under the 2006 Act regarding common land in England, and several other pieces of legislation regarding commons and greens. All applications are determined on behalf of
1947-510: The deeds of another property. A number of commoners still exercise rights, for example, there are 500 practising commoners in the New Forest , and there is a federation of commoners in Cumbria . In many cases commons have no existing commoners, the rights having been neglected. It was a common a belief that if a squatter and their friends could—between sunrise and sunset in a single day—build
2006-479: The definitions of common land with the Commons Registration Act 1965 (c. 64), which established a register of common land. Not all commons have owners, but all common land by definition is registered under Commons Registration Act 1965, along with the rights of any commoners if they still exist. The registration authorities are the county councils, and when there is no ownership, a local council, such as
2065-507: The earlier legislation is provided by the Commons Act 2006 . Under Schedule 2(4) to the Act, applications that failed to achieve final registration under the 1965 Act may, in certain circumstances, be reconsidered – offering, in effect, a second chance for the land to be confirmed ('re-registered') as common. Land that is re-registered in this way will enjoy the special legal protection afforded to common land. It will also become subject in due course to
2124-880: The effect of those works is to prevent or impede access. They also include, in every case, new solid surfaces, such as for a new car park or access road. Some commons are managed by boards of conservators for the wider public benefit. However, for areas where these are not established, or an improved system is required, the Commons Act 2006 provides for the establishment of commons councils to manage common land. The Standard Constitution Regulations relating to commons councils were formally approved in April 2010, and commons councils are most likely to be useful where they can improve current management practices. This may be where commons are in agricultural use, but where it can be difficult to reach agreement on collective management. Commons councils are voluntary and can be established only where there
2183-560: The exact services he was to render to the lord of the manor and/or lord paramount in return for them, were described in the roll or book kept by the steward , who gave a copy of the relevant entry to the tenant. Consequently, these tenants were afterwards called copyholders, in contrast to freeholders . The actual term "copyhold" is first recorded in 1483, and "copyholder" in 1511–1512. The specific rights and duties of copyholders varied greatly from one manor to another and many were established by custom. Initially, some works and services to
2242-521: The exercise of common rights, which are binding on all those with interests on a common. Copyhold Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England . The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than
2301-417: The fencing of land within a registered common is not allowed, as this is a form of enclosure and denies use of the land to others. A celebrated landmark case of unauthorised fencing of a common was in 1866 by Lord Brownlow who illegally enclosed 434 acres of Berkhamsted Common to add to his Ashridge Estate . Brownlow had failed to buy out the commoners, so resorted to this action. A public outcry followed, and
2360-469: The invasion of trees, scrub and bracken that threatened the ecologically precious heathlands, cutting down saplings, removing scrub and mowing the bracken. Some residents complained that the results looked like a First World War battle field. This is not a problem restricted to this common, but according to Jonathan Brown writing in the Independent on 21 April 2007 "similar debates are raging between locals and
2419-434: The land as they wish. However, for common land the owner's rights are restricted, and other people known as commoners have certain rights over the land. The landowner may retain other rights to the land, such as rights to minerals and large timber, and to any common rights left unexercised by the commoners. The commoners will continue to exercise their rights, or have a document which describes their rights, which may be part of
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2478-424: The land become restricted to the owner, and it ceases to be land for the use of commoners. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields . Under enclosure, such land is fenced ( enclosed ) and deeded or entitled to one or more owners. The process of enclosure began to be a widespread feature of the English agricultural landscape during
2537-452: The land. Such rights sometimes had the effect of preventing enclosure and building development on agricultural land. Most of the medieval common land of England was lost due to enclosure. In English social and economic history, enclosure or inclosure is the process which ends traditional rights such as mowing meadows for hay , or grazing livestock on common land formerly held in the open field system . Once enclosed, these uses of
2596-468: The lord of the manor was merely token, discharged on purchasing the copyhold by payment of a "fine in respite of fealty ". The Copyhold Act 1841 ( 4 & 5 Vict. c. 35), Copyhold Act 1843 ( 6 & 7 Vict. c. 23), Copyhold Act 1844 ( 7 & 8 Vict. c. 55), Copyhold Act 1852 ( 15 & 16 Vict. c. 51), Copyhold Act 1858 ( 21 & 22 Vict. c. 94) and Copyhold Act 1887 ( 50 & 51 Vict. c. 73) were consolidated in
2655-405: The lord were required of copyholders (four days' work per year for example), but these were commuted later to a rent equivalent. Each manor custom laid out rights to use various resources of the land such as wood and pasture, and numbers of animals allowed on the common. Copyholds very commonly required the payment of a type of death duty called an heriot to the lord of the manor upon the decease of
2714-484: The manor must only exercise his rights so far as to leave a "sufficiency" of resource for commoners. This was at issue in 1889 when the lord of the manor and owner of Banstead Downs and Heath, a Mr Hartopp, excavated gravel and threatened to reduce the available pasture. The meaning of sufficiency was challenged in court, expert witnesses stated that the grazing capacity was 1,200 animals, the commoners rights totalled 1,440 animals, and 600 animals were normally turned out. It
2773-526: The need for fences while maintaining their effective individual interest in them, as each ewe remains on her particular area. Lambs usually learn their heft from their mothers. Also known as 'hoofing' in some areas like North Yorkshire. This ability to keep sheep from straying without fences is still an important factor in sheep farming on the extensive common land in upland areas. Surviving commons are almost all pasture, but in earlier times, arable farming and haymaking were significant, with strips of land in
2832-433: The ownership of the holder of the right (the commoner) or is a right held in gross i.e. unattached to land. This includes details of the owner(s) of the common land. Entries in this section however, are not held to be conclusive. Numerous inconsistencies and irregularities remained, mainly because a period of only three years was given for registration submissions. However, there is now an opportunity to clear these up under
2891-471: The past, most pasture commons would have been grazed by mixtures of cattle, sheep and ponies (often also geese). The modern survival of grazing on pasture commons over the past century is uneven. The use of hefting (or heafing ) – the characteristic of some breeds of sheep for example, keeping to a certain heft (a small local area) throughout their lives – allows different farmers in an extensive landscape such as moorland to graze different areas without
2950-455: The primary right is to pasture livestock . In the uplands, they are largely moorland , on the coast they may be salt marsh , sand dunes or cliffs , and on inland lowlands they may be downland , grassland , heathland or wood pasture , depending on the soil and history. These habitats are often of very high nature conservation value, because of their very long continuity of management extending in some cases over many hundreds of years. In
3009-489: The public access land now shown on the Ordnance Survey Explorer maps. The Commons Act 2006 (c. 26) is an important recent piece of legislation. The act: Several hundred square kilometres of 'waste land' that was provisionally registered under the Commons Registration Act 1965 was not, in fact, finally registered. As a consequence, it ceased to be recognised as common land. A partial remedy for this defect in
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#17330941570923068-487: The public right of access introduced by the Countryside and Rights of Way Act 2000; or depending on location, may qualify as a section 193 'urban' common (in which case, it would also be subject to a right of access for horse-riders). The act of transferring resources from the commons to purely private ownership is known as enclosure , or (especially in formal use, and in place names) Inclosure . The Inclosure Acts were
3127-692: The registers and large numbers of small commons with no rights in England, the apparent distinction between Wales and England may be exaggerated. Today, despite the diverse legal and historical origins of commons, they are managed through a community of users, comprising those who hold rights together with the owner(s) of the soil. Such communities generally require joint working to integrate all interests, with formal or informal controls and collaborative understandings, often coupled with strong social traditions and local identity. However, 26% of commons in Wales, and as many as 65% in England, have no common rights shown on
3186-520: The registers. Such areas are derived from wastes of manors , where rights probably existed formerly. When such open habitats are no longer grazed they revert to scrub and then dense woodland, losing the grassy or heathland vegetation which may have occupied the land continuously for many centuries. In 2007, Ashdown Forest , the Sussex heathland which was the setting for the Winnie-the-Pooh stories, became
3245-474: The same time productivity increased enough to create a surplus of labour. The increased labour supply is considered one of the factors facilitating the Industrial Revolution . Following the era of enclosure, there was relatively little common land remaining of value although some residual commoners remained until the end of the Second World War. By that time lowland commons had become neglected because
3304-403: The time of year when certain rights could be exercised. For example, the occupier of a particular cottage might be allowed to graze fifteen cattle , four horses , ponies or donkeys , and fifty geese , whilst the numbers allowed for their neighbours would probably be different. On some commons (such as the New Forest and adjoining commons), the rights are not limited by numbers, and instead
3363-470: Was called the "executor's year", in parallel with the same concept in common law . Language regarding the disposal of the profits of the executor's year or of a heriot often indicates a copyhold. Copyholds were gradually enfranchised (turned into ordinary holdings of land – either freehold or 999-year leasehold ) as a result of the Copyhold Acts during the 19th century. By this time, servitude to
3422-488: Was decided sufficiency was whether enough grazing would be available for all the animals that could be turned out. The judgment was that "The Lord is bound to leave pasture enough to satisfy the commoners rights whether such rights are to be exercised or not". Commoners also have the right to "peaceful enjoyment" of their rights, so that they cannot be hindered by the lord of the manor. This was first proposed in 1500 and became case law in 1827. Pasture commons are those where
3481-614: Was sometimes accompanied by force, resistance, and bloodshed, and remains among the most controversial areas of agricultural and economic history in England. Enclosure is considered one of the causes of the British Agricultural Revolution . Enclosed land was under control of the farmer who was free to adopt better farming practices. There was widespread agreement in contemporary accounts that profit making opportunities were better with enclosed land. Following enclosure, crop yields and livestock output increased while at
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