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Lecture notes

Lecture notes Land Law (LAW4006)

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Uploaded on
August 29, 2023
Number of pages
27
Written in
2021/2022
Type
Lecture notes
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and
Law

· This module land law considers.
on English
& What itmeans (inlaw) to own land or have
other private property rights in lover land
-> Is in land
ownership righ
-> other limited rights over land, benefits
and burdens
·
ownership rights:how
transferred.
created andanyhip.
metthods of creating/protecting other limited
·




rights over land.

Effectthe transer of ownershiphas on
-
-




other people'slimited rightsto that land.

↳nershi
ownership:Slippery and Contested idea.
-




·
Maerspectives. to
what means
-> it own lang?
land law the Favelesser
->
rights
scompetings than thatwe look
ownership
at in this module include:
· Easements restrictive covenants, leases,
mortgages.

, others
fromthe
Ownership
-
and
-
·
Includes rightto:Use;exclude; transfer
ownership.
·
Represents power and wealth (use and investments
may be qualified (by existence of
competing
rights/values):
->Tan's rights over neighboursland (benefits);
rights others over t
land (burders)
-an's
-




or of
->
planning controls (statute: Town and country
Act 1010
planning
Purchase
planning
and
Act2004I
; compulsory
-Port (non-contractual, civil wrongs):trespass,
nuisance.

land Law
In what ways land different from other
-

is
theI might accountfor
property
hypes
of
we have land law

-> land is:
and
valuable -

Economically
andimmora ble
socially.
Permanent
·




Finite, Unique, Inter-lin ked geographical units
~




ol 12 of co-existing rights.
supp outing
-> and
'Real not
is
property -realty
The Real/Personal divide.
personally
Property
·


·




Rights in rem (in the thing), notin
·




personam. ·
Remedies
(Recovery.

, Land ownership Territorial Restriction
-

-
- Does ownership extend
above the surface
the earth into
of

Bernstein
airsace without limit?
(1978)
->
Sky rieks
v
extend
4B4>D.
far
Landowner's rights only as
as is for the reasonable
necessary
enjoyment of the land and its
structures.
Civil Aviation 1982376.
AA
->
Why this restriction?
A similar limitation does not
usually
·




below the surface
·Pandit minerals?
Bocarda SAU
-> StarEnergy
does English law define
·How
lanes?
land-Statutory Definitions
*ty
1925)LPA), 3205(1)(ix)- land!
Act
-
·




Land of tenure, mines and minerals,
any
whether or not held a part from the
surface, buildings parts
orof
building (whether
the division is horizontal, vertical or made in

manton, reventerestin ren
here and easement,
ditaments, an right, privilege
or benefit in, over, or derived from land.
a
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