Land ownership

asim18 · 16 Apr 2012 at 22:17

dowie said:
they don't you muppet - there is no public footpath as pointed out previously

try reading the whole line:

Of course you cant trespass on a public footpath lol, that's the point of it being public.

dowie · 16 Apr 2012 at 22:19

public rights of way can exist on private land - it doesn't stop the land from being private... perhpas you've never left east london and so are not really aware of what a public footpath is..?

Em3bbs · 16 Apr 2012 at 22:22

asim18 said:
Are you telling me I can get into Alton Towers for free?

Even if there was a public footpath then you wouldn't be able to. In fact a public footpath goes right through Thorpe Park but it's fenced off the whole way through. Although it used to be a good way to get in if you jumped over but I would guess they have much better security now than when I was a kid in the 80s/90s.

It was also a great place to watch the fireworks display from when they had it by the cable ski part.

Strife212 · 16 Apr 2012 at 22:26

dowie said:
We don't own it - we can own the right to the freehold, which we can pass on. The land belongs to the crown and if you die without anyone to pass it onto the freehold reverts to the crown.

What actually happens to someones stuff if they die with no relatives or anything? I don't know what to search for

Surveyor · 16 Apr 2012 at 23:06

Strife212 said:
What actually happens to someones stuff if they die with no relatives or anything? I don't know what to search for

Assuming they'd not made a valid will and left their estate to, for example, charity then the legal concept you're looking for is Bona Vacantia (Latin for "ownerless goods").

Raymond Lin · 16 Apr 2012 at 23:10

dowie said:
public rights of way can exist on private land - it doesn't stop the land from being private... perhpas you've never left east london and so are not really aware of what a public footpath is..?

asim18 said:
It's called trespassing

Not really, it's call Easement.

And I can't quote chapter and verse, i think you only own the top soil of your land in England and Wales. Same for above.

Nitefly · 16 Apr 2012 at 23:12

If you want to be as lame about it and pedantic as you can, every piece of land in England belongs to the Queen, freehold just effectively means you have an eternal lease on it... not that it has any real significance

Raymond Lin · 16 Apr 2012 at 23:15

Nitefly said:
If you want to be as lame about it and pedantic as you can, every piece of land in England belongs to the Queen, freehold just effectively means you have an eternal lease on it... not that it has any real significance

Oh yes, forgot that chestnut lol

indyskyz · 16 Apr 2012 at 23:23

There is a house near to where I live, it was built over a public right of way.
One man I believe the only person to contest it walks the path straight through their house once every few years to up keep the rights. Or so I have been lead to believe.

dowie · 16 Apr 2012 at 23:24

http://en.wikipedia.org/wiki/Cuius_est_solum_eius_est_usque_ad_coelum_et_ad_inferos

Cuius est solum, eius est usque ad coelum et ad inferos (Latin for [for] whoever owns [the] soil, [it] is theirs all the way [up] to Heaven and [down] to Hell) often appearing in the shorter form Cuius est solum eius est usque ad coelum, omitting et ad inferos "and to hell", is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also to the air above and (in the broader formulation) the ground below.

In modern law, this principle is still accepted in limited form, and the rights are divided into air rights above and subsurface rights below. Property holders generally have a right to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above their property, or subway construction below. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings.