Gray and Gray (Elements of Land Law, 5th Ed., Oxford University Press, 2009, p.8) refer to the definition of land as complex and multi-dimensional. They identify five dimensions of land: the first three concern the physical characteristics of land, the fourth adds a dimension of time and the fifth contains the conscience-driven rules of equity.
You are asked to critically evaluate the main rules and principles, which support each of these 5 dimensions.
In particular, your answer should cover the following:
1. The main rules and principles which define the physical dimensions of land including the main restrictions and limitations.
2. The role of time in establishing land entitlements.
3. The role of equity and the relationship between legal and equitable rights to land.
Following the evaluation of the five dimensions do you think that landowners in England and Wales enjoy a sufficient level of freedom in the use of their land or do you think that the restrictions imposed by law, equity and third-party rights restrict that freedom beyond the necessary level?
All answers should be supported by reference to relevant legal theory, legislation or case law.
Max. Length: 2000 words excluding footnotes and bibliography.
