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The fifth and sixth dimensions of land  

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The fifth and sixth dimensions of land 1.23 If land is capable of description in three physical dimensions, and of extension into a fourth dimension by the component of time, English law soon added two further dimensions of analysis. These extra dimensions turned on the 'legal' or 'equitable' quality accorded to the various abstract rights which had emerged from the medieval conceptualism of estates. It came to be recognised that each estate could itself be 'the subject of "ownership" both in law and in equity' (Mabo v Queensland (No 2) (1992) per Deane and Gaudron JJ). Although for historical reasons 'legal estates and equitable estates have differing incidents', it is truly the case that 'the person owning either type of estate has a right of property' (Tinsley v Milligan (1994) per Lord Browne-Wilkinson). Indeed, much of the rich complexity of today's law of property results from the potential duality of estate ownership,...

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