What is Land?- Land Law

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LLB LLB Land Law Mind Map on What is Land?- Land Law, created by Peyton Matthews-Hewer on 21/03/2018.
Peyton Matthews-Hewer
Mind Map by Peyton Matthews-Hewer, updated more than 1 year ago
Peyton Matthews-Hewer
Created by Peyton Matthews-Hewer about 6 years ago
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Resource summary

What is Land?- Land Law
  1. Freehold; Leasehold; Above; Below; Physically; Non-Physically
    1. LPA s52= Deeds
    2. Surface
      1. Trenberth v Natwest= Scaffolding for essential work- No, On his land & No damage needed
        1. Access to Neighbouring Land Act 1992= Essential work but not unlimited rights
        2. Air Space
          1. Mitchell v Moseley= Sky to the centre
            1. Comm for Railways v Valver-General= Impractical
            2. Lower Stratum
              1. Kelsen v Imperial Tobacco= Advertising sign 20cm over their roof- yes, even though minimum
                1. Laiqat v Majid= Extractor fan 3.5m above ground- yes, still in LS
              2. Underground
                1. Met Railway v Fowler= Railway tunnel- yes, wasteland owners
                  1. Star Energy v Bocardo= Drilling for oil- yes, trespass- 'absorb when too hot to too much pressure'
                    1. Petroleum Act 2015= Government owned oil & Gas
                  2. Buildings
                    1. Elwes v Brigg Gas Company= any building with foundations becomes part of the land
                      1. Elitestone v Morris= Bunglaow built on its own weight- could not be moved without damage so part of the land
                      2. Water
                        1. Bradford v Pickles= land covered by water is still land, own to the mid point of river unless they own both banks
                          1. Water Act 2003= water cannot be owned unless licence granted- fishing rights separate
                          2. Plants & Wild Animals
                            1. Nicholls v Ely Beet Sugar Factory= Landowner owns all plats and trees unless otherwise ordered, limited rights over animals unless dead
                              1. Minerals
                                1. Case of Mines= landowner owns all minerals unless taken by crown
                                  1. Treasure Act 1999
                                    1. Horizontal or vertical division
                                      1. Flying freehold flats
                                        1. Boundaries
                                          1. LPA s60(3) 2002= apply for boundary fix
                                            1. Yeates v Line= compromised but not in writing, still allowed
                                              1. Party Walls Act 1996
                                                1. Wibberley v Insley= Hedge and Dich Rule
                                                  1. Lease or Freehold
                                                    1. LPA 1925 s1(1)= Freehold and Leasehold
                                                      1. LPA 1925 s1(3)= Equible & trusts
                                                        1. LPA 1925 s205= Easements, Profits & Morgages
                                          2. Upper Stratum
                                            1. Bernstein v Skyviews= Plane over land- No, 'Ordinary use and enjoyment of his land
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