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Proeperty A.

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Proeperty A.

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67 Pages Partial Study Notes > 2 Years old
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Topics this document covers:
Property law Law Tort law Real property law Common law Personal property law Detinue Conversion Adverse possession Trespass Bailment Fixture
This is a Partial Set of Study Notes

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Topics this document covers:
Property law Law Tort law Real property law Common law Personal property law Detinue Conversion Adverse possession Trespass Bailment Fixture
Sample Text:
The latin expression outlines this: `cuius est solum eius est usque ad coelum et usque ad inferos' ownership of land extends up to heaven and down to the centre of earth or `from zenith to nadir' Airspace. Subject to zoning laws, the owner of land may use their airspace to build to any height for any purpose. (Victoria park racing Co v taylor (1937)) One is entitled to use as much airspace as is necessary for the reasonable enjoyment of land.(Bernstein of Leigh (Baron) v skyviews and general Ltd [1978]) Invasions of airspace over which the owner has exclusive rights, however transient, are actionable as trespass. The plaintiff may be entitled to an injunction ( Graham v KD Morris & sons Pty Ltd [1974]; Jaggard v Sawyer [1995]), however this may be refused if the trespass is trivial (Attorney general v Mossman Council (1910)), or where the owner h...
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