The Learning & Resource Section - Land Law

This section of the CaseReVision website is specially aimed at sharing the wide range of facts and information concerning British and UK law. They are both current and historical, tha aim being to expanding your knowledge on the subject.

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What is Land?

Law of Property Act 1925, Section 205(1)(ix) states that…

"…land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land."

How far does Ownership of Land Extend?

Airspace-Above the Land:

It is important to understand that the owner of the property does not just own the building itself. Cuius est solum eius est usque ad coelom et ad inferos, in Latin roughly translated, means that the owner of a piece of land owns "up to the heavens above" and "down to the depths of the earth below". In Berstein of Leigh (Baron) v Skyviews & General Ltd. [1978], it was established that a landowner can claim ownership of airspace to such a height 'as is necessary for the ordinary use and enjoyment of his land and the structures upon it.'

Below the Surface:

Anything below the surface is said to be owned by the landowner even if they are unaware that the object is there. However there are certain exceptions in relation to minerals-if they are coal, natural gas or oil, they are state-owned and covered by statute and need a licence to extract them. Further, if there is gold and silver on the land, these are owned by the Crown as found in the Treasure Act 1996.

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