Land Law Essay

Land Law Essay

The statement ‘Cuiusestsolemeiususque ad coelum ad inferos’ (‘Whose is the soil; his is also that which is up to the sky and down to the depths of the earth’) is inaccurate and gives a misleading indication of the rights of the owner of the fee simple absolute in possession.Discuss.

Introduction:

Land has been important to people since the beginning of civilization and has a vital importance to most people in todays world as everyone has to live somewhere, therefore they need to know their rights, regulations, laws and boundaries whether it is freehold property or leasehold property. To begin this essay we will start by defining land, however defining the term ‘land’ is not as simple as one would hope as there is no single authoritative, statutory definition. The best place to start which gives a partial definition of ‘land’ is in the Law of Property Act 1925 S.205 (1) (ix) where it states:

“Land includes any of tenure , and mines and minerals, whether or not held apart from the surface , buildings or parts of buildings(whether the division is horizontal , vertical or made in any other way…”

The definition in this statute leaves an impressive measure to be ached for , for a start it is only a partial definition. As it begins by stating ; “land includes” and this implies range may fuse things that are not said in this definition.

The latin maxim which was cited in the case of Corbett v Hill [1870] ‘Cuiusestsolemeiususque ad coelum ad inferos’transalated in English means “for whoever owns the soil, it is theirs up to heaven and down to hell.”  This maxim does not really give us a real understanding on the definition of land as in the world we live in. Is it really possible to have ownership from the sky down to the core of the earth?