LAW 301 - 28/04/25

Reminder that there is an upcoming quiz related to food and prior topics discussed before the break.
Important dates: Lunch closes on Thursday.

Maxim Explanation:
- A surface owner's rights extend vertically to the sky and down to the earth’s depths.
- This principle highlights the extent of ownership in relation to airspace above and subsurface below the land.
Relevant Case: Council
- The Council case serves as a key example regarding rights and trespass in airspace.
- Crucial questions arising from the case:
1. Do the surface rights from the lease of the building extend to the height the sign was placed?
2. If so, does the right to the airspace interfere actionable means?

Personal Anecdote:
- Reference to experiences in East Germany where lignite (brown coal) was predominantly used for energy.
Lignite is characterized as a softer, wasteful, and not very efficient energy source compared to regular coal.
Background on the machinery associated with lignite mining near home areas.
Land Ownership Rights:
- Landowners do not own subsurface resources of high value (e.g., gold), as highlighted in historical cases.
- Case Reference:
- Earl of Northumberland vs. Queen Elizabeth (1568):
  - This crucial case ruled that the Crown owned all gold located anywhere within the kingdom.

Common Principles:
- Support relates to land in its natural state.
- Changes to land (such as building construction) alter legal implications for land support.
Liability:
- If a property owner excavates land or removes support leading to damage, the owner may be liable.
- This liability extends both laterally and vertically.

Case Study: Waihi:
- An area with numerous old mining tunnels that were poorly maintained, resulting in cavities that later contributed to land instability due to water table variations.
Vertical Support Issues:
- The necessity of maintaining old mining areas to prevent structural issues which arise from mining operations.