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Q The extent of my grazing rights over a common are governed by the over-wintering capacity of my farm – ie the historical levancy and couchancy test. I understand that they can now be severed and sold separately from the farm. Is this correct?
A Yes, subject to the important proviso that the rights must have been registered for a fixed number of animals pursuant to section 15 of the Commons Registration Act 1965, which was the critical provision considered by the House of Lords in Bettison v Langton [2001] UKHL 24; [2001] 21 EG 166 (CS).
