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Up High and Down Low: ownership of airspace and subsoil

16th January 2020

The Hardwicke Podcast

In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.

 

Case citations

Cases referred to by Daniel Gatty in this podcast:

  • Pennock v Hodgson [2010] EWCA Civ 873
  • Ali v Lane [2006] EWCA Civ 1532
  • Cherry Tree Investments v Landmain [2012] EWCA Civ 736
  • Kelsen v Imperial Tobacco Co. (of Great Britain and Ireland) Ltd [1957] 2 QB 334
  • Ravengate Estates Limited v Horizon Housing Group Limited [2007] EWCA Civ 1368
  • H Waites Ltd v Hambledon Court Ltd [2014] EWHC 651 (Ch)
  • Delgable Ltd v Perinpanathan [2005] EWCA Civ 1724
  • Davies v Yadegar (1990) 22 HLR 232
  • Rosebery Ltd v Rocklee Ltd [2011] L & TR 21
  • Lejonvarn v Cromwell Mansions Management Company Ltd [2011] EWHC 3838 (Ch)
  • Gorst v Knight [2018] EWHC 613 (Ch)

Cases and Legislation referred to by Priya Gopal in this podcast:

  • Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35
  • London Borough of Southwark v Transport for London [2018] UKSC 63
  • Bernstein of Leigh v Skyviews & General [1978] QB 479
  • Laiqat v Majid [2005] EWHC 1305
  • Wilson v Waddell (1876) 2 App. Cas. 95
  • Rylands v Fletcher [1868] 7 WLUK 83
  • Petroleum (Production) Act 1934
  • Coal Industry Act 1994
  • Petroleum Act 1998

This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.

Contact

Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Hardwicke.  However if you have any other queries about this content please contact:

Sally Wollaston
Sally Wollaston
Business Development and Marketing Director

In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.

 

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