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25 June 2009 / Malcolm Dowden
Issue: 7375 / Categories: Features , Property
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To hell and back?

What does a landowner own? Malcolm Dowden investigates

The Law of Property Act 1925, s 205(ix) defines “land” to include land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way)

Bocardo v Star Energy [2009] EWCA Civ 579, [2009] All ER (D) 132 (Jun) concerned a claim for damages for trespass where an oil company drilled at an angle from the well head to access liquid petroleum deposits beneath the claimant’s land. Access to and exploitation of the liquid petroleum itself was restricted by statute to those with a licence permitting its extraction. The claimant landowner had no such licence, and so could not lawfully access or extract the liquid petroleum. However, to access the reserves, the licensee had to drill and lay pipes through strata lying beneath the surface of the claimant’s land. The licensee argued that the owner of the surface owns only as much of the subsoil as

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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