‘
Adam Baker Law 2270 and 3270
Land Law 2018-2019
INTRODUCTION TO LAND LAW
Reading
Textbook
B. Bagusz and R. Sexton, Complete Land Law (5th ed. OUP, 2017), pp. 3–
17, 20–23, 26–27, 29–51, and 59–66
C. Bevan, Land Law (OUP, 2018), pp. 1–32
B McFarlane, N Hopkins and S Nield, Land Law: Text, Cases and
Materials (4th ed. OUP 2018), ch. 1, 2, 5 and 6
R Smith, Property Law (9th ed., Pearson, 2017), chs. 1, 2, 4, 5 and 6
, ‘
1. THE CONCEPT OF ‘PROPERTY’
1.1 Meaning of ‘property’
The term ‘property’ can be used in three different senses:
a. to describe physical things. There are two such types of property. Firstly
there is land (e.g. ‘that field is my property’). Secondly, there are
‘chattels’ (choses in possession), these being any tangible property which is
not land, such as books and chairs.
b. to describe rights in those physical things. This is a more technical sense
of the term ‘property’. To be an ‘owner’ of a land, for example, is to have
certain rights in it. If the owner was to sell the land, what they are strictly
selling is those rights. Likewise if they made a gift of it, what they are passing
is those rights. In addition, third parties can have rights in physical things that
they do not themselves own. These ownership rights (and third party ones)
are collectively known as ‘property rights’ (/’proprietary rights’): see section 4.
c. to describe choses in action. These are intangible assets such as
contractual rights, shares in companies, patents, copyrights and debts.
1.2 Real property, personal property and land law
The terms ‘real property’ and ‘realty’ describe both land (as a physical entity) and
proprietary rights in it, with the exception of leasehold estates. The expressions
‘personal property’ and ‘personalty’ describe property that is not real property.
‘Land law’ refers to the study of all proprietary rights in land, as well as some other
‘personal rights’ (see Section 4.1) that are closely linked to the use of land. It
concerns things such as what these rights can be, when they arise, how they end,
and the relationships they create during their existence.
2
, ‘
Land law is often seen in doctrinal terms. Yet there is also more to it than that. It not
only raises important policy questions (section 8.2), but can also be approached
using various research methods (e.g. socio-legal) and perspectives (e.g. feminist).
2. THE TANGIBLE SENSE OF ‘LAND’
2.1 Introduction
This section is about ‘land’ in the sense of a physical asset. Broadly speaking, ‘land’
in this sense refers to:
i. the ground below the surface to a reasonable depth (section 2.2);
ii. the surface, including constructions that are ‘part and parcel of the land’
and fixtures (section 2.3); and
iii. a certain portion of the airspace above the surface (section 2.4).
Therefore when land is sold, the sale will cover all of these things, save insofar as
the contract specifies otherwise.
2.2 The ground below the surface
It is well-established that ‘land’ extends down below the surface. An owner may
therefore in principle bring an action in respect of any subterranean trespass.
Edwards v Lee’s Administrator (1936) 96 S.W. 2d. 1028
3
Adam Baker Law 2270 and 3270
Land Law 2018-2019
INTRODUCTION TO LAND LAW
Reading
Textbook
B. Bagusz and R. Sexton, Complete Land Law (5th ed. OUP, 2017), pp. 3–
17, 20–23, 26–27, 29–51, and 59–66
C. Bevan, Land Law (OUP, 2018), pp. 1–32
B McFarlane, N Hopkins and S Nield, Land Law: Text, Cases and
Materials (4th ed. OUP 2018), ch. 1, 2, 5 and 6
R Smith, Property Law (9th ed., Pearson, 2017), chs. 1, 2, 4, 5 and 6
, ‘
1. THE CONCEPT OF ‘PROPERTY’
1.1 Meaning of ‘property’
The term ‘property’ can be used in three different senses:
a. to describe physical things. There are two such types of property. Firstly
there is land (e.g. ‘that field is my property’). Secondly, there are
‘chattels’ (choses in possession), these being any tangible property which is
not land, such as books and chairs.
b. to describe rights in those physical things. This is a more technical sense
of the term ‘property’. To be an ‘owner’ of a land, for example, is to have
certain rights in it. If the owner was to sell the land, what they are strictly
selling is those rights. Likewise if they made a gift of it, what they are passing
is those rights. In addition, third parties can have rights in physical things that
they do not themselves own. These ownership rights (and third party ones)
are collectively known as ‘property rights’ (/’proprietary rights’): see section 4.
c. to describe choses in action. These are intangible assets such as
contractual rights, shares in companies, patents, copyrights and debts.
1.2 Real property, personal property and land law
The terms ‘real property’ and ‘realty’ describe both land (as a physical entity) and
proprietary rights in it, with the exception of leasehold estates. The expressions
‘personal property’ and ‘personalty’ describe property that is not real property.
‘Land law’ refers to the study of all proprietary rights in land, as well as some other
‘personal rights’ (see Section 4.1) that are closely linked to the use of land. It
concerns things such as what these rights can be, when they arise, how they end,
and the relationships they create during their existence.
2
, ‘
Land law is often seen in doctrinal terms. Yet there is also more to it than that. It not
only raises important policy questions (section 8.2), but can also be approached
using various research methods (e.g. socio-legal) and perspectives (e.g. feminist).
2. THE TANGIBLE SENSE OF ‘LAND’
2.1 Introduction
This section is about ‘land’ in the sense of a physical asset. Broadly speaking, ‘land’
in this sense refers to:
i. the ground below the surface to a reasonable depth (section 2.2);
ii. the surface, including constructions that are ‘part and parcel of the land’
and fixtures (section 2.3); and
iii. a certain portion of the airspace above the surface (section 2.4).
Therefore when land is sold, the sale will cover all of these things, save insofar as
the contract specifies otherwise.
2.2 The ground below the surface
It is well-established that ‘land’ extends down below the surface. An owner may
therefore in principle bring an action in respect of any subterranean trespass.
Edwards v Lee’s Administrator (1936) 96 S.W. 2d. 1028
3
