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10 March 2021 / Mark Pawlowski
Issue: 7924 / Categories: Features , Profession , Property
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Lease oddities

42008
Mark Pawlowski looks at some unusual aspects of leasehold law
  • Can I grant a lease to myself?
  • Concurrent leases and leases for trees.

Lease of air?

Section 205(1)(ix) of the Law of Property Act 1925 expressly provides that land is capable of both horizontal and vertical division allowing, therefore, for a separation of estates between different strata both above and below the surface layer of the ground. What remains controversial, however, is whether the definition of ‘land’ may include a volume of air space existing as an entirely independent unit of property separate and distinct from any adjacent soil or ground.

There is certainly Commonwealth and US authority which recognises that air space itself is capable of both freehold and leasehold ownership. In Macht v Department of Assessments of Baltimore City (1972) 296 A 2d 162, the Court of Appeals of Maryland accepted that a lease of a volume of air above an altitude of 124 feet over the landlord’s premises (in order to secure access to light and air to the tenant’s neighbouring property) was a valid transaction and, hence,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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