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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

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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