Land Ownership Flashcards
How do we know how far you land ownership extends?
- began with bounding descriptions
- then general descriptions e.g. postal address
- now OS map shows beginning and end of property
Fences at ad medium filum
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
Vertical boundaries?
Not usually a problem as own from heavens t the centre of the earth
(a coelo usque ad centrum)
- only qu in separate tenements
Parts and pertinants
Right exercisable beyond land boundary, e.g. garden or parking space. Or incorporeal like a servitude
Water rights: running water
Is ownerless
Standing water
now also believed to be ownerless
used to be land owner owned it
Occio pato
only own water if you take it
The land underneath water however can be owned
This land is called the alveus
What is the owner of the alveus called?
The riparian proprietorship
Alveus under tidal water…
always owned by the crown
If river marks boundary between two pieces of land then…
each owner owns by ad medium film: each own unto the middle
What if its a circular bit of water like a loch?
Own segments like a pie.
What rights do riparian proprietors have?
- right to take water out of body for domestic purposes
(not commercial) - right to fish for all but salmon
Obligations on land owners: delict?
Trespass, encroachment and nuisance
Trespass
Temporary intrusion
Encroachment
Permeant intrusion
Nuisance
Someone else interfering in a way that prevents enjoyment of land
Obligations on land owners: property law?
Specific common law/ statutory rules of access
- real conditions
Common/statutory law on rights of access
- rights held by the public against all landowners
- come from public law
Real conditions?
Right of common interest,
servitudes
real burdens
Common law rights of access
- public rights of way
What must a public right of way be?
An access route between two public places
- fixed route
Public rights of way are created by …
Prescription
s3(3) of the public Rights of way (s) act 1973
What does s3(3) of the public rights of way (s) act 1973 stipulate?
Must be used continuously for 20 years continuously
Public must exercise right ‘civiliter’
in least burdensome way possible
no damage to land
Public rights of navigation in tidal waters?
s3(3) PL (S) A 1973
Public rights in tidal water?
Regalia Majora
Right to navigate tidal water. (not river bed) Right to fish whitefish and shellfish (not salmon, oysters or muscles)
Rights to foreshore
Also regalia majora
Even if beach in private ownership
Only applies to land cover by sea at high tide (not for commercial purposes)
Right to roam
Land Reform (S) Act 2003
s1 of land reform (s) act 2003?
right to be on or cross land for specified purposes
What are the specified reasons?
Educational purposes
Recreational purposes
Carry out commercial activity that could be done not for profit
Right go access must be exercised reasonably
s2
‘no unreasonable interference’
Land you cannot access: s 6’s exceptions
Dwellings, garden grounds
Place open to public for a feee for more than 90 days a year
Limitations to land reform rights?
Only cover people on foot or bike
s9
- public right of way may cover vehicles if that has been the practice
Private law rights; Common interest?
For specific people e.g. neighbours
Common interest obligations basically
force you to be good neighbours
Examples:
- 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
Dispute as to whether common interest to maintain land (singing under it) comes from delict or servitude
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.
