What is Land Flashcards
What is included in the legal definition of land under LPA 1925, s 205(1)(ix)?
A) Only the surface of the land
B) Only buildings on the land
C) The surface, buildings, airspace, and certain rights
D) Only visible physical objects
C) The surface, buildings, airspace, and certain rights
📌 Explanation: The legal definition of land includes the surface, structures, airspace, subsoil, and rights attached to it (corporeal & incorporeal hereditaments).
Which of the following is an incorporeal hereditament?
A) A house
B) A tree
C) An easement
D) A fence
C) An easement
📌 Explanation: Incorporeal hereditaments are non-physical rights over land (e.g., easements, rights of way).
Which case confirmed that ownership of airspace is limited to what is necessary for the landowner’s use?
A) Kelsen v Imperial Tobacco (1957)
B) Bernstein v Skyviews (1978)
C) Grigsby v Melville (1974)
D) Anchor Brewhouse v Berkley House (1987)
B) Bernstein v Skyviews (1978)
📌 Explanation: The court ruled that flying over land does not constitute trespass unless it interferes with ordinary land use.
What is the main difference between upper and lower airspace?
A) Lower airspace is publicly owned
B) Landowners only have rights over lower airspace
C) Upper airspace can be used by the landowner for personal flights
D) Lower airspace belongs to the Crown
B) Landowners only have rights over lower airspace
📌 Explanation: Lower airspace belongs to the landowner if necessary for reasonable enjoyment of the land.
Tom’s neighbor installs a balcony that overhangs Tom’s garden by one meter.
Is this trespass?
A) Yes, because it intrudes into Tom’s lower airspace
B) No, because it does not touch Tom’s land
C) Only if Tom complains
D) No, because airspace is public property
A) Yes, because it intrudes into Tom’s lower airspace
📌 Explanation: Overhanging structures in lower airspace = trespass (Kelsen v Imperial Tobacco, 1957).
Anna discovers a gold mine beneath her land.
Who owns the gold?
A) Anna
B) The Crown
C) The local council
D) The Land Registry
B) The Crown
📌 Explanation: All gold and silver mines belong to the Crown under common law rules.
Mark owns freehold land. A company starts drilling 350m underground without his consent.
Can Mark sue for trespass?
A) Yes, because he owns all the subsoil beneath his land
B) No, because deep drilling (300m+) is allowed under the Infrastructure Act 2015
C) Yes, unless the company compensates him
D) No, because underground rights always belong to the government
B) No, because deep drilling (300m+) is allowed under the Infrastructure Act 2015
📌 Explanation: The Infrastructure Act 2015 states that drilling below 300m does not require landowner consent.
Sarah buys a freehold house. She later discovers that a neighbor has a cellar under part of her land.
Who owns the cellar?
A) Sarah, because she owns the surface land above it
B) The neighbor, because they built it
C) The previous owner of Sarah’s house
D) The local council
A) Sarah, because she owns the surface land above it
📌 Explanation: Grigsby v Melville (1974) confirmed that ownership of land includes the subsoil unless stated otherwise.
Which of the following is not included in the legal definition of land under LPA 1925, s 205(1)(ix)?
A) Mines and minerals
B) Buildings
C) Airspace above the land
D) Vehicles parked on the land
D) Vehicles parked on the land
📌 Explanation: Vehicles are not part of the land unless they have been permanently attached (i.e., converted into fixtures).
Which principle states that landowners own the space above and below their land?
A) Cuius est solum, eius est usque ad coelum et ad inferos
B) Adverse possession
C) Mirror principle
D) Statutory declaration principle
A) Cuius est solum, eius est usque ad coelum et ad inferos
📌 Explanation: This Latin maxim means “Whoever owns the soil, owns everything up to the heavens and down to the depths.”
Which of the following is a corporeal hereditament?
A) A right of way
B) A restrictive covenant
C) A house
D) A profit à prendre
C) A house
📌 Explanation: Corporeal hereditaments are physical objects attached to land (fixtures), like houses or trees.
Which type of interest in land includes easements, rights of way, and profits à prendre?
A) Corporeal hereditaments
B) Incorporeal hereditaments
C) Leasehold estates
D) Fixtures
B) Incorporeal hereditaments
📌 Explanation: Incorporeal hereditaments are non-physical rights over land, such as easements, profits, and restrictive covenants.
Under which statute do gold and silver mines automatically belong to the Crown?
A) LPA 1925
B) Treasure Act 1996
C) Coal Act 1938
D) Civil Aviation Act 1982
B) Treasure Act 1996
📌 Explanation: Gold and silver mines belong to the Crown, as established in common law and later confirmed in the Treasure Act 1996.
Joe buys a freehold house and later discovers a cable running underground beneath his land, installed by a utility company without permission.
Does Joe have a right to remove the cable?
A) Yes, because he owns the ground beneath his land
B) No, because underground space is public property
C) Yes, but only if he has possessory title
D) No, because utility companies have overriding rights
A) Yes, because he owns the ground beneath his land
📌 Explanation: Landowners own the subsoil beneath their land unless an easement or statutory right exists allowing third parties access.
Lucy owns a building with a first-floor balcony. Her neighbor, Raj, builds an extension that extends underneath Lucy’s balcony.
Has Raj committed trespass?
A) Yes, because the extension intrudes into Lucy’s lower airspace
B) No, because Lucy’s ownership does not extend downward
C) Yes, but only if the balcony is legally registered
D) No, because airspace cannot be owned
A) Yes, because the extension intrudes into Lucy’s lower airspace
📌 Explanation: Landowners have rights over lower airspace, meaning building underneath another structure can be trespass.
Mark finds an old chest buried beneath his land. It contains gold coins dating back 500 years.
Who owns the gold?
A) Mark, because it was found on his land
B) The previous owner of the land
C) The Crown, under the Treasure Act 1996
D) The Land Registry
C) The Crown, under the Treasure Act 1996
📌 Explanation: Under the Treasure Act 1996, any treasure (gold, silver, or artifacts over 300 years old) belongs to the Crown.
Sarah’s neighbor’s tree has branches that overhang into her garden.
Can Sarah legally cut the branches?
A) Yes, because they enter her lower airspace
B) No, because the tree belongs to the neighbor
C) Only if she gets permission from the council
D) Yes, but only if the tree is on public land
A) Yes, because they enter her lower airspace
📌 Explanation: Overhanging branches trespass into lower airspace and can be trimmed, but the cuttings must be returned to the owner.
Emma buys registered land and later finds a private underground bunker built by the previous owner without planning permission.
Who owns the bunker?
A) Emma, because it is part of the land she bought
B) The local council, because it was built illegally
C) The previous owner, because they built it
D) The Land Registry, because it is unregistered
A) Emma, because it is part of the land she bought
📌 Explanation: Landowners own structures beneath their land, even if they were built unlawfully.
John builds a garage attached to his house. Later, he sells the house to David but removes the garage before completing the sale.
Is David entitled to claim the garage?
A) Yes, because it is a fixture and part of the land
B) No, because John removed it before completing the sale
C) Yes, but only if he registers it separately
D) No, because buildings are personal property
A) Yes, because it is a fixture and part of the land
📌 Explanation: Permanent structures (fixtures) form part of the land and cannot be removed unless excluded in the sale agreement.
Olivia buys land with absolute title. She later discovers an old underground tunnel used by the local community for years.
Can Olivia block access to the tunnel?
A) Yes, because she owns the land and everything below it
B) No, if the community has acquired a right of way
C) Yes, but only if she applies to remove any public rights
D) No, because tunnels are public property
B) No, if the community has acquired a right of way
📌 Explanation: Long-standing public use may create a prescriptive easement, meaning Olivia cannot block access.
