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Example
Case laws
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Cujus est solum ejus est usque ad coelum et ad inferos
| Literal meaning | Whoever owns the land owns it up to the sky and down to the depths |
|---|---|
| Pronunciation | KOO-yus est SOH-lum AY-yus est OOS-kway ad KAY-lum et ad IN-feh-ros |
The owner of land is taken to own the space above it and the ground below it. The rule is limited by what the owner can reasonably use.
Example
A neighbour builds a structure that overhangs your land at a height of two metres. You can object.
Case laws
- Bernstein of Leigh v. Skyviews & General Ltd. (1978), England: an aircraft flew high above the plaintiff's land to take photographs. Held: an owner's rights over the air above are limited to the height needed for the use and enjoyment of the land.
Exceptions / limits
Aircraft flying at a normal height, and minerals vested in the State, are outside the owner's rights.
Exam tip
Asked in property and trespass.
Memory trick
Land goes up and down.
Key takeaway
Land ownership extends upward and downward, but only as far as it is useful.
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