‘A Practical Guide to Rights Over Airspace and Subsoil – Second Edition’ by Daniel Gatty


Paperback: 978-1-916698-23-9
Published: December 2023
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A practical and concise but thorough survey of the many legal issues affecting airspace and subsoil.  The areas covered by the book includes freehold and leasehold ownership, easements, manorial rights, conveyancing and land registration, leasehold enfranchisement, adverse possession, minerals and developing above and below existing buildings.

This second edition updates the book to cover developments in the law over the 4 years since publication of the first edition, including the decisions of the Supreme Court in Fearn v Board of Trustees of Tate Gallery and of the Court of Appeal in LM Homes v Queen Court Freehold Company Ltd, Alford House Freehold Ltd v Grosvenor (Mayfair) Estate and Wynne-Finch v Natural Resources Body for Wales. The second edition also expands the discussion of a number of topics within the book.


Daniel Gatty is a barrister at Gatehouse Chambers. He specialises in disputes about property, especially real property and commercial landlord and tenant, secured lending and property-related professional liability.  He is recommended as a leading property litigation barrister in the major legal directories.  In addition to practising at the Bar, he is an experienced mediator and sits as a part-time Judge of the First-tier Tribunal (Property Chamber, Land Registration).


Chapter One – Freehold Ownership of Airspace and Subsoil
Chapter Two – Leasehold Ownership of Airspace and Subsoil
Chapter Three – Conveyancing and Land Registration
Chapter Four – Easements Affecting Airspace and Subsoil
Chapter Five – Leasehold Enfranchisement and Statutory Rights of First Refusal
Chapter Six – Mines, Minerals and Manorial Rights
Chapter Seven – Fracking
Chapter Eight – Adverse Possession
Chapter Nine – Building Above and Below Existing Buildings