Lecture 1 Interests in land Interests in land Ownership (title) · Individual · Co ownership Lease Mortgage Easement What is land? · Land includes messuages tenements and hgereditaments, corporeal or in corporeal, of any tenure or description and wehatever may be the interest in the land o Acts interpretation act 1954 (Qld) o Acts interpretation act 1901 (Cth) Land includes fixtures . Depends on the degree and purpose of annexation o Holland v Hodgson [1872] lR 7 CP328 o Hobson v Gorringe [1897] 1 Ch 182 o Leigh v Taylor [1902] AC 157 o Palumberi v Palumberi (1986) NSW ConvR 55-287 o Park y Lasrado [2005] QSC 211 How far does land extend into the airspace? . "whatever is the soil it is theirs all the way to heaven and all the way to hell" o Cuius est solum, eius est usque ad coelum et ad inferos Trespass Lord Camden L.C.J. in Entick v. Carrington (1765) 19 St Tr 1029, at p 1066 . ... "every invasion of private property, be it ever so minute is a trespass. No man can set his foot upon my ground without my license. But he is liable to an action though the damage be nothing ... " Bernstein of Leigh v Skyviews & General Ltd [1978] QB 479 Graham v K D Morris and Sons [1974] Qr R 1 Campbell J: " I am persuaded that the over hanging crane which as the plaintiff says and I accept os both an unsightly featurte of her land and a cause of nervousness ans apprehension to her, interferes with that oart of the airspace above her land which is "requisite for the proper use and enjoyment of her land." How far do rights extend below the surface? Generally only what is necessary for reasonable use and enjoyment ... · Di Napoli v new Beach Apartments Pty Ltd (2004) ATR 81-728 (NSW case) Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 (UK case) Section 179 Property law act 1974 179 - Right to support of land and buildings For the benefit of all interests in other land which may be adversely affected by any breach of the section, there shall be attached to any land an obligation not to do
anything on ot below it that will withdraw support from any other land or from any building, structure or erection that had been placed on it or below it. Rights to minerals? Doctrine of Tenure · Originated n feudal England · Absolute and beneficial ownership resided in the crown · Describes the relationship that subjects have with the crown in respect of land. Doctrine of Tenure in Australia . On assuming sovereignty Australia the 'whole of the lands of Australia became the property of the king of England' o Williams v AG for NSW (1913) 16 CLR 404 439. . Unallocated land was 'wastelands of the crown' · 'It is far too late in the ady to contemplate an allodial or other syetem