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Intro Notes

GDL Law Notes > GDL Land Law Notes

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A more recent version of these Intro notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Land

[MEANING OF LAND]
Restrictions on the Multiplicity of Proprietary Rights

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Category of rights affecting land which fail to qualify as proprietary : only enforceable vs. the person who created them e.g. a licence

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The General Principle : Subject to occasional exceptions - proprietary rights of limited use should not result in the ability to compel another to do a positive act

1. Check if the right is proprietary

2. Definition of that right - definitional requirements

3. Must comply with formalities set down for acquisition of the right What is Land?

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Law of Property Act 1925 o

Land includes the physical land and buildings on it - including fixtures (corporeal hereditaments)

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Includes intangible rights over the land (incorporeal hereditaments) such as an easement

Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Infernos Ancient Latin maxim - means he who owns the land owns everything up to the heavens above / depths below -doesn't have universal applicability

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Space below the ground o

Grigsby v Melville : cellar - ruled that it belonged to the person who's house was above
- land ordinarily carried with it all that is beneath the surface

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Airspace o

Owner's rights in the airspace above his land are restricted to such height as is necessary for the ordinary use and enjoyment of the land and the structures upon it. Above this, he has no greater rights than any other member of the public: Bernstein of Leigh v Skyviews & General Ltd

1. The lower airspace: trespass irrespective of whether damage is caused to property

1 Revision: Land

[MEANING OF LAND]
a) Kelsen v Imperial Tobacco Co: advertising sign erected into the airspace above the C's shop by a few inches - court granted mandatory injunction requiring D to remove it b) Wollerton & Wilson Ltd v Richard Costain: D's crane overhung C's premises 50 feet above roof level: injunction to restrain the trespass, although the court exercised discretion to postpone injunction for a year

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London & Manchester Assurance Co v O & H Construction: judge granted

injunctions

to

restrain

over-swinging

crane

and

other

encroachments c) Lemmon v Webb: Neighbouring owner is entitled, without prior notice, to lop off overhanging branches that intrude into his airspace - but he is NOT entitled to enter onto the neighbour's land to do this, except in cases of emergency d) Ellis v Loftus Iron Company: Horse putting its head across dividing fence constituted trespass e) Laiqat v Majid: D installed extractor fan which protruded by 750 millimetres into the C's back garden at a height of 4.5m - this amounted to a trespass: 'The problem is to balance the rights of an owner to enjoy the use of his land vs. the rights of the general public to take advantage of all that science now offers in the use of the airspace' - hence distinction between upper and lower

2. The Upper airspace:Bernstein of Leigh v Skyviews & General Ltd: D flew over C's house taking an aerial photograph: not trespass as was flying hundreds of feet above the ground so was not interfering with the C's use of the landS76(1) Civil Aviation Act 1982: immunity from trespass or nuisance for any flight of an aircraft 'at a height above the ground which...is reasonable': subject to air traffic control regulations - no aircraft may fly closer than 500 feet

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Water

1. Lakes: sub-soil under water belongs to owner of the land in which lake stands

2. Rivers: owner of the land through which it flows or else if it is a boundary btw 2 plots - up to the middle line

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