WEEK ONE: INTRODUCTION TO LAND AND LAND LAW Basic Knowledge: - Property is a collection of rights: o Exclusion > To exclude others from using it o Alienation -> right to pass the right to another aka through selling o Enjoyment > right to use and enjoy - Types of interest in Land: o Ownership (Title) · Individual · Co-ownership o Lease o Mortgage o Easement An easement is granted to one to give them the right to pass through or access another's property. - Land: o Land includes: Messuages Tenements · Hereditaments · Corporeal / incorporeal · Any tenure or description o Includes fixtures depending upon their degree of annexation . Use the test: · Look at the nature, degree and purpose of annexation. - Airspace: - Below ground: o "whoever's is the soil, it is theirs all the way to heaven and all the way to hell" o Skyviews: · Land extends into airspace so far as it is considered requisite for the proper use and enjoyment of that land. · 20m arguably enough. o Generally only what is necessary for reasonable use and enjoyment: Di Napoli; Bocardo 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 this section, there shall be attached to any land an obligation not to do anything on or below it that will withdraw support from any other land or from any building, structure or erection that has been placed on or below it.
- Right to Minerals 6 Meaning of mineral (1) A mineral is a substance- (a) normally occurring naturally as part of the earth's crust; or (b) dissolved or suspended in water on or within the earth's crust; or (c) that may be extracted from a substance mentioned in paragraph (a) or (b). (2) Subject to subsection (3), each of the following is a mineral Part 5 General provisions for minerals and mining tenements = Crown's property in minerals (1) Gald on or below the weface of land is the property of the (s) or or below the surface alland that was sequired by the Crown as provided in the Agricultural Lands Special Purchase det 790/ and subsequently alimated n fee simple by the Cow la the property of the Crowa. (b) on or below the surface of land (offer than land referred to in paragraph (al) is the property of the Crown except where that land was aliciated a fee simple ly the Crown before 1 March 1910 and the griet of' that land dd not contiên a reservation to the Crown of the property in that csal (3) All minerals (cher thar cool and gold but including miterals disolved ur amapended in water within or upon the carth's enist) on er hdow the surface of land in Questsland other thian laad alienated in fee simple by the Crown porsuant to- (a) the Allavistaone v' Cremon Laanele Ais 1860), section 22: of