Restrictions on the use of land under Inclosure Awards: how can they be modified or avoided? James Hall, Hardwicke


This article explains the background to Inclosure Awards and explains how such awards might give rise to restrictions on the use of land and how those restrictions might be modified or discharged/avoided, if a different use is desired for the land by its owner.

Particular focus is given to ‘common’ land and town/village greens used for recreational purposes, as to which rights of common may have arisen under an inclosure award, which have the indirect effect of restricting or preventing many other uses (such as development).