Land Law Individual Coursework 2019: Land Ownership Report

This report delves into the intricacies of land law, emphasizing the significance of individual rights within the framework of freehold and leasehold properties. It explores the core concept of land ownership, tracing its definition through landmark cases like Corbett V Hill, and examines the extent of ownership both above and below ground. The report dissects various aspects of land ownership, including 'finders title,' the rights concerning items found on land, and the application of the Treasure Act 1996. It also discusses the role of common law in addressing lost property, providing a comprehensive overview of the legal principles governing land and property rights.

Land Law Individual
Coursework 2019

INTRODUCTION
Land law gives greater importance to individuals, it enhances their power of leasehold
and freehold property but it also includes learning knowledge of rights, direction to work and
following all standards and regulations which is governed by people only. In particular there is
no particular authoritative or statutory legislation can define the term land in a single phrase.
This report will provide about whilst landowners, explaining ownership above and below ground
and defining land and its ownership properties. It was actually cited through an land mark case of
land law Corbett V Hill where a phrase was stated i.e. “rights of the surface owner extend
upwards to the heavens and downward toward the centre of the earth”. Here, concept of owning
centre of earth will be described properly and should contemplate much things which are as per
living criteria in nature. There are in particular four different approaches to understand this
concept. This means that here, it was argued that rights of owner extend up to 1000 feet beneath
surface of earth. This includes all minerals, treasure or any kind of found in area of property
owner by their owner.
MAIN BODY
Land law is provided to be at great importance and shall seek the correct implementations
which will depend upon either property is freehold or leasehold in nature. One shall always claim
their rights and authorities which are governed by law. It has great importance in today's world,
this arises the question that till what extend these rights are applicable on property of owner.
This runs around the basic concept of whom shall be declared as the sole owner of a land and till
what extent his rights can be. Their are many variants in this subject which includes the
following mentioned below:
A finders title
this focuses on entitlement of things which are found on either owners land or if there is no
claim over a particular land. This is incurred through a proper procedure which is generally not
locatable in nature but can provide exact owner of place. If the land is not possessed by any
person. In such situations people might occur to claim such property which can include the
following variants:
 the individual who has discovered the place.
 A person either working or being tenant at such place.
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 An individual who has a better right or authority to claim over land.
 The finders employer.
This all was established in a land mark case of Moffatt v Kazana (1969), this case stated main
fact of confusion that, main owner has the most superior right over his property rather than any
other person. This later stipulated the question that if the real owner does not claim it who shall
be liable to consume land.
Things found or attached from the land
An individual who is actually the real owner of property and is in terms unidentifiable, or
in some cases the real owner is impossible to find. In this case the person who's object Is
attached to the land or any other object shall be claimed. This instance is also possible in case if
the real owner is unable to handle the things and are disinterested in claiming such land. In such
case also the other person becomes owner of this land. This concept can be better understood
through judgement in case of Waverley BC v Fletcher (1996), in this case a gold broach was
found 9 inches underneath ground that to also in a public park. This gave major three reasons to
discuss upon and give a centralised area of perspective in this case. The following treatment
differently from people on such properties:
 Any such object which is found on such land is considered to be a integral part of land
and they are against all but actually its only true owner. So usually if founder of such
object is considered to be of the owner.
 Removal of any object which was attached to the land is usually interferes with land and
may damage it.
 A person who is actually the finder has to create the rights which will make him eligible
in nature to accept the land or object legally.
 This can be understood by an simple example: the owner of a building who has the most
prominent right over the land cannot question unless an issue of partition or issues
created between two or more people can be generated. They usually have an excess
control over the building and which may vary upon in the building.
Treasure act 1996.
This also includes a very important act which is the Treasure act 1996. this was created to
bifurcate the difference of creating any type of industrialised segment and create the major
changes in making the correct choice of whom shall be liable for getting treasure dig out of land
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with multiple number of owners. This only has to apply one concept where if any oject is found
on owners land they have to provide all such regulations and shall be provided as per the grading
system in organisation. Their is also common law which can be over lost property and is usually
unintentionally left by all the people in the country. It is usually generalised as per required law
and common law will only be applicable in case one has to continue in the matter of executives
and probability. Common law helps in providing correct guide as per required marked territory.
Common law can be applied since they have to get influenced in the marking criteria and shall
be able to help in the moderate environment. These are applied when all legal regulations fail
and shall experience as per the made changes and which have to be done in the moderate
environment. The rules is applicable only on the property which is discovered or lost shall be
applicable in common law that who so ever finding it and states that number id or identity of
owner was not discovered then that person can claim it for himself. This is known as common
law principal and shall be authorised as per regulation and command.
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