Estates and Tenure

Question 1

what are the two types of estate land, and where can you find them?

Answer 1

1. Estate in fee simple absolute in possession (freehold)
2. Term of years absolute (leasehold)

Law of Property Act 1925, section 1(1)(a)

Question 2

what does freehold and leasehold mean?

Answer 2

Freehold ownership means you own the property and the land it stands on indefinitely (forever)

Leasehold ownership means you own the property but not the land it sits on, for a term of years absolute

Question 3

Rights in Rem vs Rights In Personam?

Answer 3

Rights in Personam - These rights only apply to the parties who originally created them. They are personal and cannot bind third parties who are not involved in the original agreement.

Proprietary Rights: Rights in Rem - These rights are broader, as they can affect third parties, not just those who were part of the original agreement.

Proprietary rights “attach” to the land itself, meaning they can impact future owners or others who interact with the land, depending on the nature of the right.

Question 4

Four dimensions of land?

Answer 4

1. Time - Land ownership and interests may change over time
2. Length and Width
3. Vertical Dimension

Question 5

how does ownership extend vertically?

Answer 5

(a) Subjacent (Below the Surface): Rights extend below the ground, including minerals and other resources

(b) Suprajacent (Above the Surface): The right to airspace above the land is limited to what is necessary for the owner’s ordinary use and enjoyment of the land.

Question 6

Caselaw for subjacent ownership?

Answer 6

: Bocardo v. Star Energy (2010) - Star Energy drilled wells diagonally below Bocardo’s land to extract petroleum without Bocardo’s permission.

Held Bocardo’s ownership did extend to the area below the ground, including the minerals, unless specifically alienated. Star Energy’s actions constituted trespass.

Principle: Land ownership includes rights to subsurface minerals unless they have been legally separated from the land.

Question 7

Caselaw for suprajacent ownership?

Answer 7

Bernstein v. Skyviews (1978) - Skyviews took aerial photographs of Bernstein’s property, and Bernstein claimed this was trespass.

Court ruled that a landowner’s rights above their land are limited to “such height as is necessary for the ordinary use and enjoyment of the land.” This did not extend to the altitude at which Skyviews’ aircraft was flying.

Principle: Ownership of airspace is restricted to the height necessary for reasonable enjoyment of the land.