What is Land Law?
What is Land Law?
A framework of rights, obligations and responsibilities concerned with real property
Real property - Concerned with immoveable land (I.e., real estate, real property, realty).
Personal property - Everything else.
What is Land?
’Land’ includes land of any tenure, and mines and minerals, whether or not he
buildings or parts of buildings (whether the division is horizontal, vertical or m
other corporeal hereditaments; also a manor, an advowson, and a rent and ot
hereditaments, and an easement, right, privilege, or benefit in, over, or derive
— 205 (ix) Law of Property Act 1925 (LPA 1925)
Land comprises:
Airspace – Bernstein v Skyviews and General Ltd [1977]
Subsoil – Gribsby v Melville [1974]
Mines and minerals – 205(1)(ix) LPA 1925
Water – ss 24,27 Water Resources Act 1991
Flora and fauna – Stukeley v Butler [1615]; Blades v Higgs [1865]
Items found on land – Elwes v Brigg Gas Company [1886]; Treasure Act 1996
Buildings – Elwes v Brigg Gas Company [1886]
Fixtures – Elitestone Ltd v Morris [1997]
Airspace
Cuius est solum, eius est usque ad coelom ad inferous – The owner of the soil also owns ev
, Mines and Minerals
Entitled to ‘all mines and minerals’ within the land.
S. 205 (1)(ix) of Law of Property Act 1925.
Case law and statute exemptions:
Coal, natural gas, oil, unmined gold or silver found in mines or under land —Proper
Water
Passes over or flows through land – Cannot be owned.
Land covered in water – Not owned.
Possess ownership for very small amounts of water for agricultural or domestic, househ
To possess greater volumes of water – Need license granted by National Rivers Author
Flora and Fauna - Trees, Plants, Flowers and Wild Animals
Own all trees, plants, hedges and flowers growing – Whether cultivated or wild.
Wild animals – Dead or alive:
Alive – ‘Qualified’ property rights.
Can catch and kill – Once caught and killed, becomes absolute property.
Items Found In or On Land
Gold bracelet found – Who owns it?
Whoever has the superior title.
Finder vs true owner:
Item found; true owner comes forward – True owner can reclaim. Moffatt v Kazana
Finder vs dispossessor:
One person finds item but hands it to another who refuses to return to finder.
Finder has better title than anyone who interferes with and takes the item save for tr
Armory v Delamirie (1722)
Chimney sweep’s boy found ring and took to jeweller who would not return
Court held in boy’s favour.
What is Land Law?
A framework of rights, obligations and responsibilities concerned with real property
Real property - Concerned with immoveable land (I.e., real estate, real property, realty).
Personal property - Everything else.
What is Land?
’Land’ includes land of any tenure, and mines and minerals, whether or not he
buildings or parts of buildings (whether the division is horizontal, vertical or m
other corporeal hereditaments; also a manor, an advowson, and a rent and ot
hereditaments, and an easement, right, privilege, or benefit in, over, or derive
— 205 (ix) Law of Property Act 1925 (LPA 1925)
Land comprises:
Airspace – Bernstein v Skyviews and General Ltd [1977]
Subsoil – Gribsby v Melville [1974]
Mines and minerals – 205(1)(ix) LPA 1925
Water – ss 24,27 Water Resources Act 1991
Flora and fauna – Stukeley v Butler [1615]; Blades v Higgs [1865]
Items found on land – Elwes v Brigg Gas Company [1886]; Treasure Act 1996
Buildings – Elwes v Brigg Gas Company [1886]
Fixtures – Elitestone Ltd v Morris [1997]
Airspace
Cuius est solum, eius est usque ad coelom ad inferous – The owner of the soil also owns ev
, Mines and Minerals
Entitled to ‘all mines and minerals’ within the land.
S. 205 (1)(ix) of Law of Property Act 1925.
Case law and statute exemptions:
Coal, natural gas, oil, unmined gold or silver found in mines or under land —Proper
Water
Passes over or flows through land – Cannot be owned.
Land covered in water – Not owned.
Possess ownership for very small amounts of water for agricultural or domestic, househ
To possess greater volumes of water – Need license granted by National Rivers Author
Flora and Fauna - Trees, Plants, Flowers and Wild Animals
Own all trees, plants, hedges and flowers growing – Whether cultivated or wild.
Wild animals – Dead or alive:
Alive – ‘Qualified’ property rights.
Can catch and kill – Once caught and killed, becomes absolute property.
Items Found In or On Land
Gold bracelet found – Who owns it?
Whoever has the superior title.
Finder vs true owner:
Item found; true owner comes forward – True owner can reclaim. Moffatt v Kazana
Finder vs dispossessor:
One person finds item but hands it to another who refuses to return to finder.
Finder has better title than anyone who interferes with and takes the item save for tr
Armory v Delamirie (1722)
Chimney sweep’s boy found ring and took to jeweller who would not return
Court held in boy’s favour.
