Modern public works have basically nothing in common with medieval commons, including use. Loitering being a crime is proof of that alone, but you also can’t just plop down a house or tent in a public park legally.
To your second point community gardens are almost never empty whenever they’re created.
Medieval commons had governance systems in place as well. Mostly it was just the right to fish, collect fire wood, pasture or something similar on the land. Building a house is clearly outside most of that.
Modern public works have basically nothing in common with medieval commons, including use. Loitering being a crime is proof of that alone, but you also can’t just plop down a house or tent in a public park legally.
To your second point community gardens are almost never empty whenever they’re created.
Medieval commons had governance systems in place as well. Mostly it was just the right to fish, collect fire wood, pasture or something similar on the land. Building a house is clearly outside most of that.