1. Introduction to Land Law
Land and Property:
Land is one type of property. Property is a very broad concept. All common law systems
provide special rules for property rights in land and contracts to use land.
Property:
Physical Things: Property Rights: Intangible assets:
- Land - Ownership rights Things you cannot touch
- Chattels - Company shares
(physical things which aren’t land If someone owns land, then they - Contractual rights
e.g. a chair or table)
have rights over that land. One - IP rights
does not have to be an owner of
Bocardo SA v Star Energy 2011
The ground below the surface is your land. physical things to have a property
This means you can dig. How far below is as right in it e.g. renting a house, the
far as modern technology allows us to., owner has ownership over the
could be many metres. house, but the tenant also has a
However, a lot of stuff below may not be right over that land during their
yours e.g. if you find oil benefit the surface lease to enjoy that land.
it would belong to the state, not you.
We can have property rights to use
The surface, including trees and plants other people’s land.
growing from it belongs to you.
Elitestone v Morris 1997
Any structures or items on the land that are
objectively intended to form part of it
belong to you. When you build something
on the land, or bring it, then that things
become part of the land. E.g. if you build a
wall on the land, that would become part of
the land if objectively intended, and if you
remove something then it no longer forms
part of the land.
e.g. the kitchen sink is not land but when
you install it into the kitchen it becomes
part of the land, but if you remove that
same kitchen then it is no longer part of the
land = chattel).
Bernstein v Skyways & General Ltd 1978
The airspace above the surface to a
reasonable height belongs to you.
Reasonable? It is probably only a couple
hundred metres, otherwise you wouldn’t be
able to fly airplanes. The ownership of the
house does have to go up. A tree
overhanging into your house can be
trespassing. E.g. buying a flat, if the flat fell
down you would still own that airspace.
Legislation does deal with issues such as
drones. They may fly over your land and
that would be trespassing.
, Why is land governed by special rules?
- It needs to be clear exactly who owns what land. If there were no special law for land
then people would not be able to own homes, grow crops, have businesses etc.
- Special rules are needed for example to protect land. As population increases, the
demand for food will also increase. This means that some land will need to be
reserved and protected for agriculture in order to grow food. This can protect people
from taking it over and building on it.
- It means that people cannot be kicked out of their homes and left homeless if the
government decide. If the state owned all of the land, then they could kick you out
of your house whenever and you would have security of tenure.
- Helps to protect the environment. If there were no special land rules, then people
could go around chopping down forests and rainforests. This would ruin wildlife and
destroy animal habitats.
- Acts as an incentive to accumulate wealth. You can get a job and save for a house in
order to own land and property.
- Protects the interest and ideas of business. IP law helps to protect new ideas. It
incentivises entrepreneurs to keep innovating.
Land and Property:
Land is one type of property. Property is a very broad concept. All common law systems
provide special rules for property rights in land and contracts to use land.
Property:
Physical Things: Property Rights: Intangible assets:
- Land - Ownership rights Things you cannot touch
- Chattels - Company shares
(physical things which aren’t land If someone owns land, then they - Contractual rights
e.g. a chair or table)
have rights over that land. One - IP rights
does not have to be an owner of
Bocardo SA v Star Energy 2011
The ground below the surface is your land. physical things to have a property
This means you can dig. How far below is as right in it e.g. renting a house, the
far as modern technology allows us to., owner has ownership over the
could be many metres. house, but the tenant also has a
However, a lot of stuff below may not be right over that land during their
yours e.g. if you find oil benefit the surface lease to enjoy that land.
it would belong to the state, not you.
We can have property rights to use
The surface, including trees and plants other people’s land.
growing from it belongs to you.
Elitestone v Morris 1997
Any structures or items on the land that are
objectively intended to form part of it
belong to you. When you build something
on the land, or bring it, then that things
become part of the land. E.g. if you build a
wall on the land, that would become part of
the land if objectively intended, and if you
remove something then it no longer forms
part of the land.
e.g. the kitchen sink is not land but when
you install it into the kitchen it becomes
part of the land, but if you remove that
same kitchen then it is no longer part of the
land = chattel).
Bernstein v Skyways & General Ltd 1978
The airspace above the surface to a
reasonable height belongs to you.
Reasonable? It is probably only a couple
hundred metres, otherwise you wouldn’t be
able to fly airplanes. The ownership of the
house does have to go up. A tree
overhanging into your house can be
trespassing. E.g. buying a flat, if the flat fell
down you would still own that airspace.
Legislation does deal with issues such as
drones. They may fly over your land and
that would be trespassing.
, Why is land governed by special rules?
- It needs to be clear exactly who owns what land. If there were no special law for land
then people would not be able to own homes, grow crops, have businesses etc.
- Special rules are needed for example to protect land. As population increases, the
demand for food will also increase. This means that some land will need to be
reserved and protected for agriculture in order to grow food. This can protect people
from taking it over and building on it.
- It means that people cannot be kicked out of their homes and left homeless if the
government decide. If the state owned all of the land, then they could kick you out
of your house whenever and you would have security of tenure.
- Helps to protect the environment. If there were no special land rules, then people
could go around chopping down forests and rainforests. This would ruin wildlife and
destroy animal habitats.
- Acts as an incentive to accumulate wealth. You can get a job and save for a house in
order to own land and property.
- Protects the interest and ideas of business. IP law helps to protect new ideas. It
incentivises entrepreneurs to keep innovating.
