Fencing of common land by owners or commoners is only allowed if consent is given by the appropriate secretary of state. The person wishing to build the fence must advertise his application in a local paper, and the Secretary of State must allow 28 days for members of the public to make representations. Consent can only be given if the work would be ‘for the benefit of the neighbourhoood’, for example, to stop commoners’ animals straying into nearby gardens. The consent may include safeguards, such as a certain number of gates and stiles, for access. External fencing, along a road for example, is more likely to be given consent than fencing which divides the common into parcels of land.

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