What is Land?

• Law of Property Act 1925 s.2015(1)(ix)

  • "Land" includes 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
• Corporeal Hereditament

  • Property right that is capable of being passed down through inheritance.
  • Corporeal refers to the fact that it is tangible i.e. the physical land itself.
• Incorporeal Hereditament

  • Property right which can be inherited.
  • However the property right in question is not tangible.
• Land Ownership Limits (Above and Below)

  • The extent to which rights in land extend vertically.
  • How high/low can you go before leaving the jurisdictional bounds of property rights?
  • General rule comes from a Latin maxim.
  • 'cuius est solum, eius est usque ad coelum et ad inferos.'
  • 'The landowner owns everything up to the heavens and everything down to hell below.' (Bogusz and Sexton 2022).
• Bernstein v Skyviews and General Ltd [1978]

  • Asked the court to determine a potential upper limit ot land ownership.
  • Griffith J stated that ownership will extend '[T]o such a height as is necessary for the ordinary use and enjoyment of land and the structures upon it.'
  • Does not set an objective limit.
  • It is more subjective to the particular interest in the land itself.