The Law of Property

Dear Samantha,

Let me introduce and explain the "fun" subject with you-- Land Law.

WHAT IS LAND?

First of all, what is land? We normally think that land is kind of a piece of soil. While the legal definition of land is, according to s.205(1)(ix) of Law of Property Act 1925"

Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface.

What is unsettled is how far does the definition extends:

In Bernstein v Skyviews and General LTD, the case was claimed by the landowner for trespass in respect of flights over his house for aerial photography rejected. The court held that a landowner only owns such airspace necessary for the reasonable enjoyment of the land. 

Note that, when a land is sold, in order to avoid disputes, sellers usually provide lists of what are fixture and fittings. Botham v TSB Bank Plc

The Treasure Act 1996 abolished the old notion of 'treasure trove' and provides that articles defined as treasure vest in Crown. 

ESTATE IN LAND

All land is owned by the Crown. The most that anyone can have is an estate in the land.

Estate in the land: 

The rights which person has to control and use the land. An estate owner is often called the owner of the land. Estate in land must be created by deed except in the case of leases for up to 3 years, s.54(2)LPA 1925.

s.1(1) LPA 1925 stated that:

The only estates in land which are capable of subsisting or being created or conveyed at law are:

1. An estate in fee simple absolute in possession (legal freehold estate)

2. A term of years absolute (legal leasehold estate)

Freehold Estate:

All land must have a freehold owner. If the individual owner cannot be traced, the ownership will be held by the Crown.

Leasehold Estate:

Land may also be held under a leasehold estate and so there will be 2 estates in the same land.

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