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Land terms
Any tenure of land
This refers to either freehold or leased land.
Minerals and mines
The old Latin proverb that reads, "He who owns the land owns everything reaching up to the very heavens and down to the depths of the earth," is typically used to describe this. Nevertheless, this does not grant the owner unrestricted rights, as statutes and courts have established some limits. According to statute, any coal, natural gas, or oil found beneath the surface belongs to the Crown. Fracking is a topic that the public is becoming more and more concerned about, and as a result, practitioners are now discussing it frequently. Since this is a "mine and mineral," it is important to know who is the owner or has the right to these in order to counsel a client on these matters. Spacecraft When examining the ownership of the "land" above the actual property, this is still another crucial factor to take into account. When addressing disputes pertaining to airspace and trespassing, the courts have clarified the Latin maxim, "he who owns the land owns everything reaching up to the very heavens and down to the depths of the earth."
Example of a case
A local corporation has been accused of trespassing by the owner of a huge country estate after the latter flew above and took pictures of his property. Does the claimant's land include the airspace? The court determined that the owners' rights in the airspace above the land extended "to such height as is necessary for the ordinary use and enjoyment of his land" based on the following circumstances of the case Bernstein v. Skyviews [1978]. Since planes operating at a normal altitude do not trespass upon land, the landowner has no more rights than the general public above this point. In this case, the claimant lost.
Corporeal hereditaments
The meaning of this archaic phrase is "any real property having a physical form." The term "something that can be inherited" is what the word "hereditaments" refers to. In the past, determining the amount of real property was crucial for inheritance purposes. This would cover all tangible objects, including plants, animals, water, and fixtures, in addition to the real buildings that are situated on the property.
Remember these differences: Plants: Any vegetation that is affixed to or comprises a portion of "land" shall be considered plants, trees, and flowers. Animals: Oddly enough, animals are only considered to be a part of the "land" if they are discovered dead there. While they remain alive, wild creatures will not become a part of the earth. Water: Although this clause is a little tricky, in general, any water that flows over or through the land is not considered to be a part of it. Although landowners may have rights to take from the water, such as the ability to fish, they are not permitted to take significant amounts of water without first obtaining authorization from the relevant government.
Incorporeal hereditaments
In contrast to corporeal hereditaments, these pertain to non-physical rights like the right of path, the right of light, or the right to receive land rent.
Any tenure of land
This refers to either freehold or leased land.
Minerals and mines
The old Latin proverb that reads, "He who owns the land owns everything reaching up to the very heavens and down to the depths of the earth," is typically used to describe this. Nevertheless, this does not grant the owner unrestricted rights, as statutes and courts have established some limits. According to statute, any coal, natural gas, or oil found beneath the surface belongs to the Crown. Fracking is a topic that the public is becoming more and more concerned about, and as a result, practitioners are now discussing it frequently. Since this is a "mine and mineral," it is important to know who is the owner or has the right to these in order to counsel a client on these matters. Spacecraft When examining the ownership of the "land" above the actual property, this is still another crucial factor to take into account. When addressing disputes pertaining to airspace and trespassing, the courts have clarified the Latin maxim, "he who owns the land owns everything reaching up to the very heavens and down to the depths of the earth."
Example of a case
A local corporation has been accused of trespassing by the owner of a huge country estate after the latter flew above and took pictures of his property. Does the claimant's land include the airspace? The court determined that the owners' rights in the airspace above the land extended "to such height as is necessary for the ordinary use and enjoyment of his land" based on the following circumstances of the case Bernstein v. Skyviews [1978]. Since planes operating at a normal altitude do not trespass upon land, the landowner has no more rights than the general public above this point. In this case, the claimant lost.
Corporeal hereditaments
The meaning of this archaic phrase is "any real property having a physical form." The term "something that can be inherited" is what the word "hereditaments" refers to. In the past, determining the amount of real property was crucial for inheritance purposes. This would cover all tangible objects, including plants, animals, water, and fixtures, in addition to the real buildings that are situated on the property.
Remember these differences: Plants: Any vegetation that is affixed to or comprises a portion of "land" shall be considered plants, trees, and flowers. Animals: Oddly enough, animals are only considered to be a part of the "land" if they are discovered dead there. While they remain alive, wild creatures will not become a part of the earth. Water: Although this clause is a little tricky, in general, any water that flows over or through the land is not considered to be a part of it. Although landowners may have rights to take from the water, such as the ability to fish, they are not permitted to take significant amounts of water without first obtaining authorization from the relevant government.
Incorporeal hereditaments
In contrast to corporeal hereditaments, these pertain to non-physical rights like the right of path, the right of light, or the right to receive land rent.
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