F106LAW Freehold Ownership

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Access to Neighbouring land act 1992 (ANLA)

To prevent owners of land charging exhorbitant fees for access to land for regular maintenance and to avoid disputes

Following continual requests (always wise to have them in writing) and refusal allows for the application to the court to obtain

Access to repair (only) by definition to carry out basic preservation works or inspect. which may only include maintenance, repair, alteration or renewal of an existing structure

Access to new build Specifically excludes excavation and construction.

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Physical Extent of Freehold

whoever owns the land owns everything above and everything below in reality this is restricted as in the case

Bernstein v. Skyviews & General (1978)

However this would lead to absurdity everytime a satellite passed over someones garden it would lead to tresspass

Griffiths J held that a landowner’s rights in respect of the airspace above his land extend only to such height as is necessary for the ordinary use and enjoyment of the land and the structures on it.

This would apply to a cellar or a loft space

Displays the characteristics of an easement RE Ellenbrough Park (1956)

Grigsby v melville (1973)if the neighbour was using space even though its access was from his property it would be considered tresspass

unless he can show use for 12 years claim the land in adverse possession

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Restrictions of Freehold Land

Chattels found on land

if the true owner is known then the items must be returned to them

if they are unknown then the items belong to the landowner

the item will belong to the finder if

if the find is very old (at least 300 years old) then it is defined as treasure under the treasure act  and automatically invests in the crown.

will likely become the property of the museum

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Tort of trespass

involves direct invasion onto land

  • entering onto a claimants land
  • putting objects onto a claimaints land (although a collapsed wall would not be trespass but could be a nuisance)

there is no defence unintentionally entering land or that it was believed to belong to the defendant

trespass is actionable per se- no need to prove damage

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Adverse Possession

Adverse Possession the claim of land which is inconsistant with the rights of the true owner

to acquire a title by adverse possession person must show for length of time (12 years unregistered and 10 years registered land) since the land owner was dispossessed

intention to possess leading case is Powell v. McFarlene

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