⇒ Minister of State for the Army v Dalziel (1944): “no subject can own lands allodially – he can own only an estate in law”
⇒ Walsh v Lonsdale (1882): You can turn contractual relation into one that has trust of land status e.g. constructive trust arises when parties enter specifically enforceable contract
⇒ ‘Land’ is defined in the Law of Property Act (LPA) 1925 s205(1)(ix))
Cuius est solum
⇒ Cuius est solum eius est usque ad coelum et ad inferos’ (i.e. he who owns the land owns everything reaching up to the very heavens and down to the depths of the earth) is now so qualified that it is no longer accurate as a statement of contemporary law:
⇒ Bernstein of Leigh v Skyviews (1978): Landowner’s rights in the airspace above his land is restricted to “such height as is necessary for the ordinary use and enjoyment of his land and the structures upon it” per Griffiths J, who also dismissed the Latin Phrase as merely “a colourful phrase”.
⇒ Above this rather vaguely defined lower stratum of airspace belonging to the landowner is the upper stratum which belongs to no person or state and is available for use by all - Pickering v Rudd 1815 (this case found that there is no trespass made by hot air balloons flying over property)
⇒ Natural rights flowing with the land: There is a right to support of land by other neighbouring land (as seen in Bower v Peate (1876)). There is a right to light, meaning owners have a right to maintain the level of illumination on their property (as seen in Earl Putnam Organisation Ltd v MacDonald (1979)). All buildings with foundations automatically become part of the ground it is built on (superficies solo cedit), thus becomes part of the reality or ‘immovable property’