The court considered a conveyance on sale which created an underground flying freehold. Sir William James VC said that the owner of land owns ‘everything up to the sky’.
Judges:
Sir William James VC
Citations:
(1870) LR 9 Eq 671, (1870) 39 CJCh 547, (1870) 2 LT 263, (1870) 7 Digest (Repl) 267
Jurisdiction:
England and Wales
Cited by:
Cited – Grigsby v Melville CA 6-Jul-1973
The seller had owned two adjoing properties. He sold one off to the plaintiff, describing it in the conveyance as ‘all that dwellinghouse’. A cellar under the part sold off had access only from the retained property, but contained supports for the . .
Cited – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 May 2022; Ref: scu.244811
