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PROPERTY 

Extent of the rights of the land owner

2/10/2017

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The extent of the rights of the land owner may include :
-the surface area of the land 

-the lower airspace area of the land necessary for everyday use and enjoyment.
Supported by cases law such as Anchor Brewhouse Developments v Berkley House ( Docklands Developments) Ltd [1987] which clarify the remedy in the form of injunction.
Bernstein of Leigh ( Baron) v Sky views General Ltd [1978] where an interference of the upper airspace may not lead to an actionable trespass as there is no disturbance to the landowner ordinary use and enjoyment of the land.
Civil Aviation Act 1982 which permits aircraft to pass over the land at reasonable height without leading to trespass.
The rationale of no claim for interference for upper airspace: 
it will allow the development of aviation and telecommunication technology such as satellites and it will also allow the development of transport system such as the aeroplane which pass over the respective land. 

The ground of the land 
This covers the mineral and mines.
However based on Coal Industry Act 1994, coal is owned by the coal authority. 

Wild plants
Wild plants on the land which exclude any plants commercially planted which belong to those who planted it. 

Dead wild animals on the land
Living wild animal not belong to anyone. However, landowner able to kill them if they are on the land subject to any statutory protection. 

Building or part of the building 
The building or part of the building may be vertical or horizontal.

The soil over which there is a flow of water
In case of two lands separated by river,each owner owns the soil up to the middle of river.
The owner of the land has exclusive fishing rights in the river where the water is non tidal.
However it is subjected to the rights of fishing given to others.
In case of tidal, the public has the rights to fish at the point of ebb and flow of the tide.

Items found on the land

Fixtures

Incorporeal Hereditaments
Incorporeal hereditaments are intangible rights. 
The intangible rights may include right of w ay or restriction of the building of the neighbouring land owner. 
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  • Home
  • ABIBLO FINANCE
    • ABIBLO FINANCE - CREDIT REPAIR
  • ABIBLO LANGUAGES
  • ABIBLO ENGINEERING
  • ABIBLO COMPUTER SCIENCE
  • ABIBLO HEALTH
    • ABIBLO DIFFERENTIAL DIAGNOSIS
    • ABIBLO MEDICAL PATHOLOGY
  • ABIBLO CULINARY
  • ABIBLO LAW
    • Equity and Trust
    • Company
    • Company (2)
    • Evidence
    • Evidence (1)
    • EU Law >
      • Preliminary Ruling Procedure
    • ABIBLO FINANCE
    • Property
    • Property(2)
  • ABIBLO AMAZING FACTS
  • ABIBLO MATHEMATICS
  • ABIBLO CATS
  • ABIBLO TRAVEL
  • ABIBLO ALTERNATIVE MEDICINE