Land Law - Dimensions of land Essay Example | Topics and Well Written Essays - 2000 words

Land Law - Dimensions of land - Essay Example The corporeal and noncorporeal components are known as realty to distinguish it from personalty. The latter being personal or movable property (Gray & Gray 2007). Thus in the eyes of law land is a multidimensional asset as discussed below. The first two dimensions of land: it is a two dimensional piece of earth with defining contours, features and limits of jurisdiction. Which is recognised by the registrars, conveyancers, surveyors and ramblers. However this definition too does not takes into account the low water mark area in the coastline. The three mile territorial area including water constitute land. However , even outside this three mile limit the channel tunnel subsoil upto the middle of English channel is called land (Channel tunnel act 1987). Thus land includes land covered with water as well (Gray & Gray 2007). 4-5The third dimension of land: A Latin maxim says that the one who owns land owns the heaven above it and the earth deep down to the centre. It certainly indicated three-dimensional nature of land but lacks practical wisdom. The indefinite extension of territory of land would mean an airplane passing over it causes trespass. Still some three-dimensional characteristics is to be accepted for land in statutory definition. A land can be held above surface and may be divided horizontally. Thus different owners can hold the titles of the land each holding a stratum of cubic surface above or below the surface layer of the earth (Gray & Gray 2007). The components of these three dimensions are (Wilkie 2006; Gray & Gray 2007; Dixon 2005): The word 'hereditament' in law means nature of right involved in ownership of land. land law is all about-not just the land (the soil, the grass, the trees, the buildings), but the rights that people may have in land. Thus, land is to be reclassified as including corporeal and incorporeal hereditaments. Ownership of land may equally include ownership of a house and ownership of a right of way over someone else's house (an incorporeal hereditament). The land law may be viewed from corporeal and incorporeal rights or by distinction between fixtures and chattels. The fee simple owner's right of air space: The owner's rights extend to such a height as is reasonably necessary for the ordinary use and enjoyment of the land. In Baron Bernstein of Leigh v Skyviews and General Ltd [1978] QB 479, Griffith J stated that it was necessary to balance the rights of an owner to enjoy the land against the rights of the general public to take advantage of all that 'science now offers in the use of airspace'. Where there is an interference with the legitimate rights of the fee simple