The Common was originally created by the Enfield Chase Act of 1777, and under the terms of that Act it was held in trust for the Commoners; the Trust, which was formed on 30th September 2019 and was incorporated as a Charitable Incorporated Organisation on 31st May 2022 (Registered Charity Number: 1199156), took it over from the original trustees on 1st December 2022 as provided for by a new Act of Parliament – the Monken Hadley Common Act 2022.
Most of the Common is registered under the Commons Registration Act 1965 and its status as a common was not affected by the change in the ownership of the land and, though the Commoners no longer play any part in its management, their grazing rights were not affected by this change, either, notwithstanding the fact that these rights have not been exercised for very many years.
Under the terms of its Constitution the Primary Objects of the Trust are:
- The preservation of Monken Hadley Common as a place for peaceful open air public recreation and enjoyment; and
- The conservation, protection and improvement of the physical and natural environment of the Common for the benefit of the public, having regard to the requirements of good forestry and the desirability of conserving flora and fauna.
Since the Trust is a membership-based charity it is the members who appoint the trustees, and it is therefore they who are ultimately in control of it.