What is Land?- Land Law

What is Land?- Land Law

1. Freehold; Leasehold; Above; Below; Physically; Non-Physically

   • LPA s52= Deeds

2. Surface

   • Trenberth v Natwest= Scaffolding for essential work- No, On his land & No damage needed
     • Access to Neighbouring Land Act 1992= Essential work but not unlimited rights
   • Air Space
     • Mitchell v Moseley= Sky to the centre
       • Comm for Railways v Valver-General= Impractical
     • Lower Stratum
       • Kelsen v Imperial Tobacco= Advertising sign 20cm over their roof- yes, even though minimum
         • Laiqat v Majid= Extractor fan 3.5m above ground- yes, still in LS
     • Underground
       • Met Railway v Fowler= Railway tunnel- yes, wasteland owners
         • Star Energy v Bocardo= Drilling for oil- yes, trespass- 'absorb when too hot to too much pressure'
           • Petroleum Act 2015= Government owned oil & Gas
       • Buildings
         • Elwes v Brigg Gas Company= any building with foundations becomes part of the land
           • Elitestone v Morris= Bunglaow built on its own weight- could not be moved without damage so part of the land
         • Water
           • Bradford v Pickles= land covered by water is still land, own to the mid point of river unless they own both banks
             • Water Act 2003= water cannot be owned unless licence granted- fishing rights separate
           • Plants & Wild Animals
             • Nicholls v Ely Beet Sugar Factory= Landowner owns all plats and trees unless otherwise ordered, limited rights over animals unless dead
             • Minerals
               • Case of Mines= landowner owns all minerals unless taken by crown
               • Treasure Act 1999
               • Horizontal or vertical division
                 • Flying freehold flats
                 • Boundaries
                   • LPA s60(3) 2002= apply for boundary fix
                   • Yeates v Line= compromised but not in writing, still allowed
                   • Party Walls Act 1996
                   • Wibberley v Insley= Hedge and Dich Rule
                   • Lease or Freehold
                     • LPA 1925 s1(1)= Freehold and Leasehold
                     • LPA 1925 s1(3)= Equible & trusts
                     • LPA 1925 s205= Easements, Profits & Morgages
     • Upper Stratum
       • Bernstein v Skyviews= Plane over land- No, 'Ordinary use and enjoyment of his land