landownership Flashcards
physical limits
position of land disclosed on title sheet
sasine on bounding description or boundries depend on +ve prescription
both cases ownership is coelo usque ad centrum subject to separate tenements
berstein v skyviews and general ltd
leading to the absurditity of a trespass being committed by a satellite every time it passes over a suburban garden
coopers v starks trs
PERTITNANTS additional piece of land must be used in association with the principal land in practice requires to be fortified by +ve prescription where not the subject of a clear express grant
pmp plus lts v keeper of reg scot
PERTITNANTS right of common property. either creted by express grant or by tenenments scot act s. 3
development in middle of Glasgow did not meet specificity principle not clear were houses are going to be depended on. COULD NOT TELL WHAT THE COMMON AREA WERE. did nit conveyance common share development description FAILED
ludin homes v keeper of the reg
PERTITNANTS
houses sold then it was clear as common area = stolen. MIDAS TOUCH applied LT = no difference
title conditons
PERTITNANTS can be noted in title condtions
define separate tenements
ownership in coelo usque ad cventrum is subject to separate tenements- heritable property owned sep from solum
MUST DISTIGUISH LEGAL ST FROM CONVENTIONAL STs
CONVENTIONAL ST
created in disp. by grant or reservation
below ground no restriction
above ground NOT gen allowed unless flatted property
MUST BE COPERAL PROPERTY exception = S.65A 200 act sporting rights
Crichton v turnbull
CONVENTIONAL STpiping not a separate tenement
compugraphics international v nikolic
CONVENTIONAL STprojection ventilation case. servitude of projection
OH= pipes = servitude
IN pipes = servitude only
Legal separate tenements
impliedly reserved from crown grants
but as regalia minora could be expressly granted either to owner of solum or somone else
right to fish for salmon- ALTHOUGH INCOPEROAL IT IS TREATED AS A PHYSICAL STRANTUM OF THE EARTH
right to gather mussels
right to gather oysters
mine gold silver royal mines act 1424 mine and metal act 1592
petroleum and natural gas petroleum act sch3 para 3
coal- belongs to coal authority not crown 1994s7(3)
NO ACCESION POSSIBLE ACROSS BOUNDRIES OF ST
Erskine 11. 1. 1 right of exclusive
ownership as the right of using and disposing of a subject as our our own except inso far as we are restrained by law or faction
what is the most important right to use
the right of possession
defendi possession if challenged (whether by encroachment or trespass)
and recover possession if lost
recovery of possesion
occupying land unlawfully
appropriate action= ejection
but were it was formally lawful and has not been terminated = action of removing
where action raised in sherrif court under SUMMARY CAUSE RULES= action for recovery of heritable property distinction between ejection and removing NOT MADE
what is the action for recovering coperal movables
delivery
