LA2015 – Week 1, 2014

What is Land?

WHAT IS LAND?It is property but is it land?

Working out the boundary of what is owned

Excursion

• Take a walk around the campus• Identify as many parts of the ‘land’

as you can (or what you think would be part of the land)

• Take a photo/describe• Return here within 15 minutes ready

to discuss

What is land?

Where’s the boundary?

Who owns the water?

Who owns the trees?

Who owns the minerals?

Who owns the air above?

Who owns the chattels?

cuius est solum, eius est usque ad coelum, et ad inferos

[look this up in your legal dictionary!]

Exosphere(>500km above the surface: satellites up to 1000km)

Thermosphere (80-110km above the surface)

Mesosphere (50-80km above the surface)

Stratosphere (up to 50km: the ozone layer)

Troposphere (up to 11km: where weather happens)

lot on earth’s

surface

How far UP?

Bernstein v Skyviews [1978] QB 479

Wandsworth Board of Works v

United Telephone Co Ltd (1884) 13

QBD 904

Uniting Church v Immer

Building A

Allowable height

Excess unusable height Building B

Excess height put to good use

How far down is still ‘my’ land?

image adapted from http://www.uh.edu/~jbutler/physical/chapter19.html, at 10/2/05.

lot on earth’s surface

Truncated survey plan:

Shows lot boundaries with reference to survey points (small circles)

Illustration for teaching purposes onlyILLUSTRATIO

N FOR TEACHING PURPOSES ONLY

Contrast this

Freddie Jones Kngwarreye ‘Caterpillar Dreaming’ (2000) Alyawarr; Sandover Region, Utopia, NT: petaappleyardgallery.com.au. http://www.utopianaboriginalart.com.au/artists/freddy_kngwarreye_jones.php

19 Rights in all water vests in StateAll rights to the use, flow and control of all water in Queensland are vested in the State.

Water Act (2000) Qld

What is water?

Can you draw water from the creek on your land?

• What is water?• Who owns water?• Who has rights to the water?• How are those rights derived?

Can owners fence the beach?

Lake Alexandrina, SA – whose land now?