What is land? Flashcards
What does “land” include?
The surface, building or parts of buildings on the land, other corporate hereditaments and other incorporeal hereditaments.
What are hereditaments?
Corporeal - physical things attached to the land
Incorporeal = benefits of any proprietary rights that the land has but have no physical substance
Eg an easement
What are owner’s righst in relation to airspace
Rights to airspace above the land are restricted to such heights as is necessary for the ordinary use and enjoyment of the land and the structure upon it
Something on neighbours land that overhangs your is trespass
What is the distinction between upper airspace and lower airspace?
Lower airspace is to such height as is necessary for the reasonable enoyment of the particular piece of land
Upper airspace has no definition
What is the principle in Bernstein v Skyviews and General
D flew a plane over Cs land and took pictures of the house
C claimed damages for trespass
D had not committed trespass as he was flying many hundreds feet off the ground and did not interfere with any use to which the C might put up the land
What happens if there is trespass in lower airpsace?
There will be trespass irrespective if damage is caused to the property
Kelsen v Imperial Tobacco - injunction granted for the removal of advertising sign erected by the D projected into the airspace above C’s shop
Whta is the key case on ground below?
Grisby v Melville
Access to the cellar was from d’S HOUSE BUT THE CELLAR WAS UNDER c’S HOUSE
CA held the cellar belonged to C - conveyancing of land carries with it all that is beneath the surface
What are the exceptions that you own everything below?
Coal belongs to the Coal Authority by Coal Act 1938
All mines of gold and silver belong to the Crown
“Treasure” also belongs to the crown
There is no trespass below 300 meters and therefore there is no need for the consent of the freehold owner to deep level drilling
