Key Facts Tort by Turner Chris;Martin Jacqueline;

Author:Turner, Chris;Martin, Jacqueline;
Language: eng
Format: epub
Publisher: Taylor & Francis Group

6.2.4 Definition of Land in Trespass

1. There is no single concept. Traditional proposition is cujus est solum ejus est usque ad coleum et ad inferos (the action extends to the air above the land and the sub-soil beneath it).

2. It can be the land, any part of the land, any structure on the land.

3. It can even be the boundary (Westripp v Baldock (1938)).

4. Most underground rights are now under statutory authority.

Rights can extend under roads to include unlawful use of the road (Harrison v The Duke of Rutland (1893) and Hickman v Maisey (1900)).

But cannot extend to adjoining land (Randall v Tarrant (1955)).

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