Bernstein Of Leigh V. Skyview & General 1978 QB 479

The Extent Of “Ownership” in Land
As discussed above, ownership in land is the interest in land or ownership of an estate. So as a fee simple owner, what rights does one have over the ground, under his or her property or in the airspace above it? From notary or lawyer point of view, these are very important questions because laws governing land, air and water boundaries are involved.
“The maxim cujus est solum ejus est usque ad coelom et ad inferos means whoever owns the soil, holds title all the way up to the heavens and down to the depths of the earth (Ziff 94).”
However this idea, which dates back to the 13th century is not feasible in the modern age, and the courts have refrained from using it. In the case of Bernstein of Leigh v. Skyview & General 1978 QB 479, Skyview was a company that took aerial pictures of property and then offered them to the landowners. Baron Bernstein sued Skyview for trespass based on the cuius est solum ejus est usque ad coelum maxim. The court threw

Instead, the ultimate ownership lies with the Crown (Government). As discussed above, a wide range of restrictions apply to land; these include airspace, subsurface and water rights, along with other interests and encumbrances, such as easements, restrictive covenants, mortgages, liens, etc. The rules and statutes affecting landholding are often highly detailed and complex. A notary or lawyer has a fiduciary and ethical duty towards their clients to explain their interests and rights during real estate conveyance. From a notary perspective, it is must for members to understand and meet their ethical and professional standards. This can safeguard both their clients’ interests as well as their own professional