Commons Search Explained: Do You Need One?

When selling a property in England or Wales, most sellers are familiar with the standard property searches that a buyer's solicitor will order. What fewer sellers know about is the commons registration search — a more specialised check that establishes whether any part of the land is registered as common land or as a town or village green.

If your property is in a rural or semi-rural area, borders open land, or is on the edge of a settlement, there is a realistic chance that a commons search will be requested during conveyancing. Understanding what the search covers, what the results mean, and how common land status can affect your sale puts you in a stronger position as a seller.

What is common land?

Common land is land where certain people — historically known as commoners — hold rights to use the land in specific ways. These rights might include grazing livestock, collecting firewood, or fishing. Common land is not the same as public land: it is privately owned, but the owner's ability to use and develop it is heavily restricted by the rights of the commoners and, since the Countryside and Rights of Way Act 2000 (CROW Act), by the general public's right of access for recreation.

Common land in England and Wales is recorded on registers maintained by local authorities under the Commons Registration Act 1965 and updated by the Commons Act 2006. These registers record:

• The land itself (the register of common land)
• The rights of common attached to it (the register of rights of common)
• The ownership of the land, where known

According to the Open Spaces Society, there are approximately 550,000 hectares of registered common land in England and Wales — roughly 8% of the total land area of England and 12% of Wales. Much of this is in upland and rural areas, but pockets of common land exist in suburban and even urban settings.

What is a town or village green?

A town or village green is land where the inhabitants of a locality have a customary or statutory right to use the land for lawful sports and pastimes — essentially, for recreation. Village greens are also recorded on the commons registers held by the local authority.

Under section 15 of the Commons Act 2006, local residents can apply to register land as a town or village green if they can demonstrate that a significant number of inhabitants of a locality have used the land for recreational purposes, as of right, for a period of at least 20 years. This means that even land which was not historically a village green can acquire that status if local people have been using it long enough.

Village green status carries serious implications for landowners. Any development, enclosure, or interference with the land that prevents or discourages use by local inhabitants is a criminal offence under section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876.

What does a commons registration search check?

A commons registration search is a formal enquiry made to the local authority that maintains the commons registers for the area where the property is located. The search checks whether:

• Any part of the property is registered as common land
• Any part of the property is registered as a town or village green
• There are any rights of common registered over the land
• There are any pending applications to register the land as common land or a village green

The search is conducted against the registers held under the Commons Registration Act 1965 and the Commons Act 2006. It is separate from the standard local authority search (LLC1 and CON29R), although some local authorities include a basic commons check within their CON29R responses. A dedicated commons search provides more comprehensive and definitive results.

When is a commons search needed?

A commons search is not required under the conveyancing protocol for every property transaction, but it is recommended in a range of circumstances. Your buyer's solicitor is likely to request one if any of the following apply:

• The property is in a rural or semi-rural location
• The property borders open land, fields, or unregistered land
• The local authority search mentions nearby common land or a village green
• The property is on the edge of a settlement where common land is more likely
• The title plan includes or adjoins land that is not clearly part of the domestic curtilage
• The mortgage lender requires confirmation that no part of the security is common land

Properties in urban centres with well-defined boundaries are less likely to need a commons search, but it is ultimately a judgment call made by the buyer's solicitor. If you are unsure whether a commons search will be requested for your property, ordering one upfront removes the uncertainty and can help keep your search timelines on track.

How common land and village green status affect your sale

If a commons search reveals that part of your property is registered as common land or a village green, the practical impact on your sale can be significant. The following table summarises the key restrictions associated with each designation.

In both cases, the restrictions apply to the affected land only. If only a small portion of your property is registered as common land or a village green — for example, a strip of land at the boundary — the main dwelling and garden may be entirely unaffected. The buyer's solicitor will examine the title plan and commons register entry to determine exactly which parts of the land are subject to the designation.

What if a commons search reveals a problem?

If your commons search comes back showing that part of your property is registered as common land or a village green, do not panic. The next steps will depend on the extent of the registration and how it affects the property in practice.

Minor overlap or boundary strip

In some cases, the commons register entry may overlap with a small part of your title — perhaps a strip of land at the edge of the property that was historically part of a larger area of common land. If this land is not part of your garden, driveway, or any area you actively use, the practical impact may be minimal. Your solicitor can explain the position to the buyer's solicitor, and the transaction can usually proceed without significant difficulty.

Significant portion of the property

If a larger area of your property is affected, the situation is more serious. The buyer may seek a price reduction, request that you apply for deregistration, or withdraw altogether. In this scenario, full transparency is essential — provide all the information you have, including any correspondence with the local authority or previous legal advice. For a broader look at how to handle issues that arise during searches, see our guide on what to do if searches reveal problems.

Pending application to register

If the search reveals a pending application to register your land as a village green, this introduces significant uncertainty. The application may succeed or fail, but while it is pending, the land is effectively in limbo. Most buyers will be reluctant to proceed until the application has been determined. You should seek specialist legal advice promptly if this arises.

How much does a commons search cost?

The cost of a commons registration search varies by local authority, but you can expect to pay between £15 and £50. Compared to other property search costs, this is on the lower end. Some local authorities include a basic commons check as part of the CON29R optional enquiries (specifically, optional enquiry 22), while others charge for it as a separate search.

If you are ordering the search through a commercial search provider, the fee may include the provider's handling charge on top of the local authority fee. Either way, the cost is modest in the context of the overall conveyancing costs involved in selling a property.

Can sellers order a commons search upfront?

Yes. There is nothing preventing you from ordering a commons registration search before you list your property. If your home is in a rural area, borders open land, or is in a part of the country where common land is prevalent, ordering the search early can save time once a buyer is found.

The benefits are similar to ordering other searches upfront:

• Speed. The result is ready when the buyer's solicitor needs it, avoiding a delay in the post-offer period.
• Transparency. If the search reveals common land or village green status, you can address it proactively and factor it into your asking price.
• Confidence. A clean search result reassures buyers and their solicitors that the land is free from commons registrations.

Search results do not have a fixed legal expiry date, but most mortgage lenders treat them as valid for 3 to 6 months from the date of issue. If your property takes longer to sell, a fresh search may be needed — but the cost is low enough that this is not a major concern.

Commons searches and the environmental search

It is worth noting that a commons registration search is distinct from the environmental search that most buyers order as standard. While an environmental search covers matters such as flood risk, contaminated land, and ground stability, it does not check the commons registers. Similarly, a chancel repair search addresses a completely different historical liability.

Each of these searches serves a different purpose, and one does not replace another. Issues such as rights of way and easements are also handled separately. If the buyer's solicitor has concerns about common land, they will order a dedicated commons search regardless of what other searches have been carried out.

Key legislation governing common land

Understanding the legal framework behind common land can help you anticipate the questions a buyer's solicitor might raise. The main pieces of legislation are:

• Commons Registration Act 1965 — Established the requirement for local authorities to maintain registers of common land and village greens. Most existing registrations were made under this Act.
• Commons Act 2006 — Modernised the framework for registering and managing common land. Introduced new provisions for applications to register new village greens (section 15) and for deregistration and exchange of common land (section 16).
• Countryside and Rights of Way Act 2000 — Granted the general public a right of access to registered common land in England and Wales for recreation.
• Inclosure Act 1857 and Commons Act 1876 — Make it a criminal offence to enclose, build upon, or interfere with a town or village green.

What sellers should disclose about common land

As a seller, you are expected to answer questions honestly in theproperty information form (TA6). If you are aware that any part of your property is registered as common land or a village green, or if there is a pending application to register, you should disclose this.

Relevant points to disclose include:

• Whether any part of your land is registered as common land or a village green
• Whether you are aware of any commoners' rights being exercised over the land
• Whether you have received any notifications about applications to register the land as a village green
• Whether you have previously applied for deregistration or exchange of common land
• Whether any disputes have arisen with neighbours or local inhabitants over access to or use of the land

Failing to disclose known issues can lead to a misrepresentation claim after completion. Since the commons search will reveal the registration status anyway, it is far better to be upfront from the outset.

Sources and further reading

• Commons Act 2006 — Legislation governing the registration, management, and protection of common land and village greens: legislation.gov.uk
• Commons Registration Act 1965 — Original legislation establishing the commons registers: legislation.gov.uk
• GOV.UK — Common land: management, protection, and registering: gov.uk/guidance/common-land-management-protection-and-registering
• Planning Inspectorate — Applications to register or deregister common land and village greens: gov.uk/government/organisations/planning-inspectorate
• Open Spaces Society — Guidance on common land and village greens in England and Wales: oss.org.uk
• Countryside and Rights of Way Act 2000 — Right of access to open land and registered common land: legislation.gov.uk
• Law Society — Conveyancing Protocol and property search guidance: lawsociety.org.uk
• HM Land Registry — Title information and property ownership records: gov.uk/government/organisations/land-registry

Frequently asked questions