Section 44
Extent of disposal: general
of National Land Code (Revised - 2020)
(1)
Subject to the provisions of this Act and of any other written law for the time being in force, any person or body to whom (under this Act or a previous land law) land has been 71
alienated, reserved land has been leased or a temporary occupation licence (including a licence so styled under a previous land law)
has been granted in respect of any land, shall be entitled to—
(a)
the exclusive use and enjoyment of so much of the column of airspace above the surface of the land, and so much of the land below that surface, as is reasonably necessary to the lawful use and enjoyment of the land;
(b)
the right to the support of the land in its natural state by any adjacent land, and all other natural rights subsisting in respect thereof; and
(c)
where the land abuts on the foreshore or any river or public place, but subject to any express provision in the document of title, lease or licence, a right of access thereto.
(2)
For the purposes of paragraph (1)(c), land shall be taken to abut on a river or road notwithstanding that it is separated therefrom by land retained by the State Authority for use in conjunction therewith, or for purposes connected with the maintenance or preservation thereof.