header-logo header-logo

10 March 2021 / Mark Pawlowski
Issue: 7924 / Categories: Features , Profession , Property
printer mail-detail

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll