Land Ownership

Question 1

How do we know how far you land ownership extends?

Answer 1

• began with bounding descriptions
• then general descriptions e.g. postal address
• now OS map shows beginning and end of property

Question 2

Fences at ad medium filum

Answer 2

On the boundary line, owned to the middle by owner on either side

• note: not joint ownership. Both own own half. Accession, fence part of land

Question 3

Vertical boundaries?

Answer 3

Not usually a problem as own from heavens t the centre of the earth

(a coelo usque ad centrum)

• only qu in separate tenements

Question 4

Parts and pertinants

Answer 4

Right exercisable beyond land boundary, e.g. garden or parking space. Or incorporeal like a servitude

Question 5

Water rights: running water

Answer 5

Is ownerless

Question 6

Standing water

Answer 6

now also believed to be ownerless

used to be land owner owned it

Question 7

Occio pato

Answer 7

only own water if you take it

Question 8

The land underneath water however can be owned

Answer 8

This land is called the alveus

Question 9

What is the owner of the alveus called?

Answer 9

The riparian proprietorship

Question 10

Alveus under tidal water…

Answer 10

always owned by the crown

Question 11

If river marks boundary between two pieces of land then…

Answer 11

each owner owns by ad medium film: each own unto the middle

Question 12

What if its a circular bit of water like a loch?

Answer 12

Own segments like a pie.

Question 13

What rights do riparian proprietors have?

Answer 13

• right to take water out of body for domestic purposes
  (not commercial)
• right to fish for all but salmon

Question 14

Obligations on land owners: delict?

Answer 14

Trespass, encroachment and nuisance

Question 15

Trespass

Answer 15

Temporary intrusion

Question 16

Encroachment

Answer 16

Permeant intrusion

Question 17

Nuisance

Answer 17

Someone else interfering in a way that prevents enjoyment of land

Question 18

Obligations on land owners: property law?

Answer 18

Specific common law/ statutory rules of access

- real conditions

Question 19

Common/statutory law on rights of access

Answer 19

• rights held by the public against all landowners

- come from public law

Question 20

Real conditions?

Answer 20

Right of common interest,
servitudes
real burdens

Question 21

Common law rights of access

Answer 21

• public rights of way

Question 22

What must a public right of way be?

Answer 22

An access route between two public places

- fixed route

Question 23

Public rights of way are created by …

Answer 23

Prescription

s3(3) of the public Rights of way (s) act 1973

Question 24

What does s3(3) of the public rights of way (s) act 1973 stipulate?

Answer 24

Must be used continuously for 20 years continuously

Question 25

Public must exercise right 'civiliter'

Answer 25

in least burdensome way possible | no damage to land

Question 26

Public rights of navigation in tidal waters?

Answer 26

s3(3) PL (S) A 1973

Question 27

Public rights in tidal water?

Answer 27

Regalia Majora Right to navigate tidal water. (not river bed) Right to fish whitefish and shellfish (not salmon, oysters or muscles)

Question 28

Rights to foreshore

Answer 28

Also regalia majora Even if beach in private ownership Only applies to land cover by sea at high tide (not for commercial purposes)

Question 29

Right to roam

Answer 29

Land Reform (S) Act 2003

Question 30

s1 of land reform (s) act 2003?

Answer 30

right to be on or cross land for specified purposes

Question 31

What are the specified reasons?

Answer 31

Educational purposes Recreational purposes Carry out commercial activity that could be done not for profit

Question 32

Right go access must be exercised reasonably

Answer 32

s2 'no unreasonable interference'

Question 33

Land you cannot access: s 6's exceptions

Answer 33

Dwellings, garden grounds | Place open to public for a feee for more than 90 days a year

Question 34

Limitations to land reform rights?

Answer 34

Only cover people on foot or bike s9 - public right of way may cover vehicles if that has been the practice

Question 35

Private law rights; Common interest?

Answer 35

For specific people e.g. neighbours

Question 36

Common interest obligations basically

Answer 36

force you to be good neighbours

Question 37

Examples:

Answer 37

- maintenance (e.g. of common fences) - support (e.g. common walls) - drainage (accept drainage from higher properties) - reparian proprietors: not to pollute water or force it from its natural course

Question 38

Dispute as to whether common interest to maintain land (singing under it) comes from delict or servitude

Answer 38

If servitude: only liable to support building there at start of servitude - if delict then must support anything that has been built no matter when it was built.