Alec Samuels considers the problems of old and new commons and old and new rights

Following the recommendations of the Report of the Royal Commission on Common Land 1955-1958 (1958) Cmnd 462, in 1965, parliament resolved to establish a register of common land with a registrar of rights over common land Commons Registration Act 1965, now replaced by the Commons Act 2006 Part 1 ss 1-25 and schedule 6 part 1. The 2006 Act Part II deals also with management.

The 1965 Act provided that land capable of being a common should be registered or cease to be a common, and similarly with rights of common, they should be registered or cease to exist, the operative date being 31 July 1970.