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Pasture meaning

What does Pasture mean?
In legal practice, pasture refers to the right to graze specified livestock on land owned by someone else. In England and Wales, Northern Ireland and Ireland it is treated as a profit à prendre (a right to take part of the natural produce of another’s land). In Scotland, the equivalent is the servitude of pasturage. It can be appurtenant to a dominant tenement or held in gross, and its scope is typically limited by the instrument or custom: class and number of animals (stint), seasons, and the area to be grazed. The right is usually created by express grant or reservation, prescription or statute, and is primarily defined by common law and case law rather than a single statutory definition. “Common of pasture” is a form of pasture exercised over common land, regulated and recorded (in England and Wales) under the Commons Act 2006 and the commons registers. Key features include: reasonable exercise without overburdening the servient land; non-exclusivity; and potential extinguishment by release, merger, statute or prolonged non-use. For transactional due diligence, pasture/grazing rights should be investigated and, where applicable, protected or registered under the relevant land registration regimes to bind successors in title.
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View the related Practice Notes about Pasture

PRACTICE NOTES
Common land works: s 38 consent, exceptions, s 39 decision criteria, procedure, enforcement and unauthorised agricultural activities under the Commons Act 2006 (England and Wales)

Importance of common land Common land offers multiple advantages, such as: economic—pasture for livestock, jobs and revenue from sporting use and tourism agricultural—stock grazing on commons, upholding sustainable agricultural management biodiversity—retaining natural vegetation rich in flora and fauna, safeguarding varied habitats and supporting SSSIs archaeological—conserving landforms and features in undisturbed soils, protecting significant archaeological and historic sites recreational—public and visitor enjoyment of the landscape, open space for communities cultural—community spaces for long-standing and traditional activities The Commons Act 2006 (CoA 2006) empowers government to protect and safeguard commons. Prohibition on works to common land without consent Under CoA 2006, s 38, approval from the Secretary of State or Welsh Ministers (the ‘determining authority’) is needed before undertaking ‘restricted works’ on: any land entered on the commons register (see Practice Note: Creation and registration of common land for details on registration) land not registered as common land that is: ...

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