Please enable JavaScript.
Coggle requires JavaScript to display documents.
Extent of ownership and enjoyment - Coggle Diagram
Extent of ownership and enjoyment
Right to airspace
GR: A land owner may sue for TRESPASS if there is interference to the use of his airspacer
cujust est solum ejus est usque ad et ad inferos = whose is the soil, his is also that above it
CASES
Lemon v Webb
Kelsen v Imperial Tobacco
Karuppanan v Balakrishnan
RESTRICTIONS
S.19(1) Civil Aviation 1969 flight of aircraft
CASES
Bernstein of Leigh (Baron) v Skyview and General Ltd 1978
Lacroix v The Queen 1954
Swetland v Curtis Airport 1932
Right to underground land
s.44 (1) NLC & S. 45(1)
CASES
Bulli Coal Mining v Osborne 1899
Edwards v Lee's Administrator 1936
RESTRICTIONS
S.45 (2)(a) NLC - A landowner may not use and extract metals and minerals from his land.
S.92B NLC - depth of underground land
S.92D - application for used of underground land
ANTIQUITIES
Defined under sec 2 (1) of the National Heritage Act 2005
contact commissioner of National Heritage if antique found / may be fine RM50K or prison 5 YRS or both
Belongs to Federal Govt - s.48 NHA 2005
SIMILAR TO TRASURE TROVE
Right to support
Nature of right - landowner has a right to the support of his land and its natural state by any adjacent land.
he is entitled tot have his land physically supported by his neighbor's land
REQUIREMENT OF NATURAL STATE
Support of land in its natural condition
CASES
Mdm Chah Siam v Chop Choy Kong Kongsi 1939
Right of access (s.44(1)(c))
Foreshore & Seabed
subject to ant provision in the document title, lease or license
foreshore = land between the highest watermark and seabed seabed = floor of the sea
any area of alienated land, which is increased, will be under the ownership of the state unless the director of survey provides othervise
CASE
Sithambaram Chettiar 1955
Govt of the State of Penang & Anor v BH Onn & Ors 1971