Forest rights

Forest Rights

Commoners of the New Forest are those who occupy land or property to which attaches one or more rights over the Forest. These rights are:

Common of pasture: commonable animals - ponies, cattle, donkeys and mules - are turned out into the Open Forest;
Common of pasture for sheep: although some of the large estates have this right, it is infrequently exercised;
Common of mast: the right to turn out pigs in the autumn to devour the acorns - this provides food for the pigs and reduces the threat to ponies and cattle from the poisonous acorns;
Estovers (Fuelwood): the free supply of a stipulated amount of firewood to certain properties;
Common of marl: the right to dig clay to improve agricultural land - this right is no longer exercised;
Common of turbary: the right to cut peat turves for the Commoner's personal use.

The most important right is the Common of Pasture. Those who wish to exercise this right must apply to the Verderers' Clerk who will confirm the existence of the right and allocate a brand for the animals. Once branded, they may be turned out into the Forest upon payment of a Marking Fee to the local Agister.

Atlas of Rights

The Verderers hold the Atlas of Forest Rights. The Atlas may be inspected at the office by appointment with the Clerk to the Verderers. To undertake an inspection, please contact the Verderers' Office. The New Forest Research and Publication Trust publishes a guide to the Forest Atlases.

An Atlas of Forest Rights

Searches of the Atlas

Postal searches can be undertaken by the Clerk on receipt of the appropriate fee and two copies of a good location plan of the property (Land Registry or Ordnance Survey) at a scale of 1/2500 if possible. Cheques should be made payable to the "Verderers of the New Forest" and it would be appreciated if payment could be made at the time of requesting the search. The fee scale for a Verderers' search is as follows:

Property Acreage	Search Charge
Under 1	£60.00
1-5	£90.00
5-10	£120.00
10-50	£180.00
50-100	£240.00
Over 100	Fee to be agreed

Visitors may make an appointment to search the Atlas (at no charge) at the Verderers' Office. However, please note that if assistance is required, a fee of £25 may be levied.

Information for solicitors

The Court has issued the following guidance on searches for Solicitors: If you are carrying out a search to discover whether or not property in the New Forest is subject to (i.e. burdened by the exercise of) rights of common, please note that the Clerk to the Verderers holds no records which can assist you. To the best of the Verderers' knowledge, no such records exist. The following note sets out the position in detail:

COMMONS REGISTRATION ACT 1965, THE NEW FOREST.

By Section 11 of the Commons Registration Act 1965, the New Forest is excluded from the registration provisions of that Act. This has led to some difficulties for solicitors and others carrying out searches and frequently results in enquiries being addressed to the Verderers of the New Forest which their Clerk is not in a position to answer.
The present boundary or perambulation of the New Forest was laid down by the New Forest Act 1964 (section 1). There are significant differences between the area now within the Forest and its extent before 1964. The definitive maps of the boundary on a scale of 1:10560 may be inspected at the Verderers' Office. It is regretted that copies and extracts cannot be supplied. However, the line of this boundary is shown on the Ordnance Survey 1:50000 Landranger Map and the 1:25000 Outdoor Leisure Map of the New Forest. It should be noted that the Ordnance Survey's plotting of this boundary is imprecise in some areas, particularly around Cadnam.
There has been no judicial interpretation of Section 11 of the Commons Registration Act 1965, but it is believed that the registration authority refused to accept registration of common rights exercisable over any land within the boundary of the Forest as defined by the New Forest Act 1964.
There is no definitive register showing what lands within the Forest are subject to common rights. The Clerk to the Verderers may in many cases be able to give an informed opinion as to the likelihood of particular pieces of land being subject to rights, but this will be no more than general guidance. Persons investigating the title of land within the Forest will, in the final resort, have to rely on their own researches.
As to rights of common exercisable over land within the New Forest, the Clerk to the Verderers holds two statutory atlases. Full details of all rights exercisable over land in the ownership of the Minister of Agriculture, Fisheries & Food or acquired from him subject to common rights will be provided on payment of the appropriate fee. These rights may be attached to land either inside or outside the 1964 boundary.
The second atlas deals only with common of pasture. It shows those lands inside or outside the boundary to which are attached rights of common of pasture over certain commons within the boundary of 1964 but outside the boundary of 1801. Maps showing this latter boundary may be inspected at the Verderers' Office but are not generally available elsewhere. Again, no copies or extracts can be supplied. There is no definitive record of other rights over this land and the Clerk to the Verderers can supply no information on such rights. Details are likely to be obtained only from local research and enquiry. Interested persons are referred to Dr Tavener's "The Common Lands of Hampshire" but it must be remembered that this book predates the New Forest Act 1964 and the Commons Registration Act 1965. Some of his conclusions as to common rights in the New Forest and the extent of surviving commons are open to question. The Clerk holds no information as to rights exercisable over common land within the 1801 boundary of the Forest except where it is in the ownership of the Minister of Agriculture, Fisheries & Food or has been acquired from him subject to common rights. Except in the parish of Minstead, however, the extent of such other commonable land (not in or formerly in the ownership of the Minister) is very limited.

Marking fees

The Court has decided that marking fees for 2010 should remain unchanged fom last year. Marking fees for 2010 will therefore be payable as follows:

Ponies & Donkeys on the Forest £20.00 or £18.00 if paid before they are turned out or before 1st February for continuously depastured stock.
Ponies & Donkeys on the Commons £10.00 or £9.00 if paid before they are turned out or before 1st February for continuously depastured stock.
Cattle on the Forest £20.00; Cattle on the Commons £2.50.
Sheep on the Forest £5.00; Sheep on the Commons £2.50.
Pigs on the Forest £2.00; Pigs on the Commons £1.00.

Horse Passport and Microchipping Regulations 2009

The Court has issued guidance to the Horse Passport and Microchipping Regulations 2009 as it relates to New Forest ponies.

Pannage Season

Pigs are allowed onto the Forest during the autumn pannage season which lasts for a minimum of 60 days. The pigs eat fallen acorns which can be poisonous to other stock if eaten in great quantities. Some sows which are in pig (i.e. expecting piglets) are allowed on the Crown land after the pannage season but owners must first obtain permission from the Forestry Commission. These pigs are known as privilege sows. The exception to this is on certain commons where different rules apply.

The pannage season dates for 2010:

Start: 19th September 2010
Finish: 22rd November 2010

Stallion Areas

A list of the stallion areas for 2009 is now available for download.

Drifts List

The Verderers have taken the decision to remove the annual drift list dates from this website.

In recent years, more and more members of the general public have been attending the drifts but unfortunately, the ever increasing number of spectators is causing disruption and is interfering with the management of the drifts. If the number of spectators continues to increase, the drifts may well be in jeopardy. The official pony drifts are an essential part of the management of the semi-feral herd and their loss would seriously compromise the health and welfare of the ponies on the Forest.

The drifts are not a spectator sport and unfortunately for the reasons stated above, the Verderers now have no option but to strongly discourage the public from attending. Your co-operation in staying away from the drifts will be greatly appreciated.

Organised Events and the Drifts

Organisers of events in the Forest, such as cycle rides/races, orienteering, rambling, sponsored horse-rides etc., should be aware that the drifts are carried out from mid-August to early November each year. Such activities which take place on the Crown Lands of the Forest are only permitted with the consent of the Forestry Commission (Tel: 023 8028 3141). However, even those events which take place on the public highway may well conflict with a pony drift and the Verderers advise organisers to contact the Verderers' Office to ensure that the drifts and your event are not taking place in the same area, at the same time.

Beaulieu Road Pony Sales

The Verderers are not involved with the pony sales and do not hold information. The sales are held by Southern Counties Auctioneers (01722 321215) under the auspices of the New Forest Livestock Society. All sales are on a Thursday and start at 10:30 a.m. Catalogues and information may be obtained from the auctioneers a week or two before the sales. In 2010, sales will be held on:

6^th May
12^th August
23^rd September
21^st October
25^th November