Of all the landscape features of the British Isles, our commons are among the most visited. From former military sites such as Greenham Common in Berkshire to Yorkshire’s landmark Ilkley Moor, and even Wimbledon Common, forever linked with those litter-picking Wombles, commons are popular spots.
Green open spaces, freely available for everyone to use and enjoy; that’s the typical view of Britain’s common land. But the idea that these areas are owned by the general public for unrestricted access is far from the case. It’s a common misconception, if you like.
What is common land?
The reality is that common land is privately owned. Sometimes it’s the property of an individual, but often it’s in the hands of a local council, a community trust, conservation organisation or national charity.
In this case, the word ‘common’ has nothing to do with common ownership, but instead refers to rights of common. These ancient arrangements often date back to the land-grabbing Norman invasion and are “rights enjoyed by one or more persons to take or use part of a piece of land or of the produce of a piece of land which is owned by someone else”. In practice, it means the right to graze livestock, to fish, take wood, dig turf or extract stone, gravel or sand. Those who do this are known as commoners. What makes these rights confusing is that they differ enormously from place to place.
A perfect example lies about a 40-minute drive from my farm in the Cotswolds. On a high plateau above the town of Stroud are the joint commons of Rodborough and Minchinhampton. It’s a great place to wander through the cowslips and early purple orchids. Together, the commons make up around 700 acres of limestone grassland with breathtaking views across the Severn Vale and the Forest of Dean to the Welsh mountains away in the distance. It’s a delicate and precious landscape that attracts a host of rare plants and butterflies.
So it’s no surprise that it is enjoyed by locals and tourists who flock there throughout the year for fresh air, long walks and bicycle rides. Most of them make the steep climb to the top of the commons to relish what I’m sure they think of as public property. In actual fact, the land is owned by the National Trust – the charity has maintained Minchinhampton Common for 104 years and Rodborough Common for the past 80 years.
The two commons fall within the Cotswolds Area of Outstanding Natural Beauty (AONB), while parts of them have been designated as a Site of Special Scientific Interest (SSSI), a Special Area of Conservation (SAC) and an Ancient Monument. The National Trust takes all this into consideration, acting as both the landowner and its caretaker.
But I suppose the two commons are most famous for the hundreds of unfenced, free-roaming cattle that graze the long grass throughout the summer and early autumn. The Herefords, Highlands, Aberdeen Angus and Belgian Blues are allowed their freedom because they belong to commoners, whose ‘right to herbage’ is often passed down to them in the deeds of their homes. Luckily for the rest of us, you don’t need to be a commoner to access a common these days; the Countryside and Rights of Way Act 2000 ensured they are now open to the public, free to be enjoyed by all.
Main image: Ilkley Moor © Getty Images
