Physical Dimensions And Land Title Act

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Physical dimensions of property
Property comes with stings attached; a fee simple owner can enjoy a bundle of rights but there are a number of reservations to the Crown as well as restrictions on the physical dimensions and use of property. By utilizing a fundamental principle of Ad coelum doctrine and a three-dimensional concept; surface, airspace and subsurface of property, rights of landownership and use of property will be examined. Then I will present three cases that modified the principle or physical dimensions.
The basic principle
Historically the common law maxim: “cujus est solum ejus est usque ad coelum et ad inferos”- He who owns the soils, owns up to the heavens and down to the depth of the earth, was said to apply to physical dimensions of property. Ad coelum doctrine, however, is largely outdated and inaccurate in BC because the use and the extent of land in three dimensions are regulated. Before discussing rights and restrictions, I will explain physical boundaries.
Boundaries and Land Title Act
In old days, description of boundaries of land used physical objects. Toady in BC with a few exceptions, meets and bounds, measurement of distances, angles, and directions measured by surveyors, are included in Land Title System. In the past when a party wrongly assumes the boundary, without any contracuaral agreement the law of adverse possession could alter the title. Although the law has been abolished in BC by sections 24 and 171 of the Land Title Act (LTA)),
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