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What Is Land Notes

GDL Law Notes > GDL Land Law Notes

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Land Law: What is land?
What counts as land? Why do we need to know?
? Non-owners can only have a proprietary right (and enforce it against a 3rd party) if the subject matter is land.
? You must use a 'Deed' to transfer land.
? What is included when you buy a house?
o S.62 Law of Property Act 1925. Says that a conveyance of land includes fixtures.
? What can a lender take in mortgage possession proceedings? If a lender, under a mortgage, repossess your house, they can take fixtures, but not vassals.
? Who inherits what? If you leave land in your will, need to know what counts as land.

What is land?
?????Cuius Est Solum Eius Est Esque Ad Coelum Et Ad Inferos: he who owns the land owns everything up to the heavens above and depths below.
?????LPA 1925, s205(1)(ix), defines land. Includes: o corporeal hereditaments (physical land, buildings, including fixtures) o + incorporeal hereditaments/intangible rights (eg easement, profit a prendre). Restrictions on what is land
?????Certain minerals/mines: certain minerals belong to State.
?????Airspace: o Upper airspace: o Limited to the height necessary for ordinary use &
enjoyment of land (Bernstein v Skyviews). Above that height, left for public. Facts: D flew over C's country house to take aerial photograph; no trespass. o Lower airspace o Portion of airspace which is reasonably necessary for landowner's use & enjoyment (Bernstein). o Kelsen v Imperial Tabacco: advertising sign projected into airspace. Injunction. o Woollerton & Wilson v Costain: D's cran overhang, 50 feet above roof level; injunction. o Lemmon v Webb: entitled to lop off overhanging branches (must offer them back to neighbour) o Ellis v Loftus Iron: horse putting head over fence. o Laiqat v Majid: extractor fan, height of 4.5m; protruded 750 millimetres.
?????Ground below: 1

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