Visual trespass - property is an illusion, Other Subject

Assignment Help:

Whatever the maxim cuiusest solum may have signified to the common lawyer of earlier centuries, it has since become obvious that its legal meaning is now heavily qualified by the advent of more recent technologies. For instance, fee simple ownership cannot possibly confer on the modem landowner a limitless dominion over the vertical column of airspace grounded within the territorial boundaries of his or her realty. Nowadays it is generally agreed that for legal purposes a pragmatic distinction must be drawn between two different strata of the superjacent airspace, the "lower stratum" and the "upper stratum" respectively. It is further agreed that the maxim cuius est solum ... has no relevance at all to the higher of these strata. Ownership of airspace usque ad coelum-if indeed it was ever taken wholly seriously--has now been commuted to a recognition that the landowner's property rights over airspace are restricted to the "lower stratum".

The upper stratum, it is said, "belongs to the world". It is the property of no individual and the property of no state. American courts have often referred to the upper stratum as constituting "free territory ... a sort of no-man's land". It is certain beyond doubt that, with respect to the upper stratum, the landowner "has no greater rights in the air space than any other member of the public". This "no-man's land" status of the upper stratum is significant in many ways, and indeed carries one implication which is of compelling importance in the present context. Although property law is intrinsically concerned with the allocation of resources, not all resources are--to use an ugly but effective phrase--"propertised". Contrary to popular perception the vast majority of the world's human and economic resources still stand outside the threshold of property and therefore remain unregulated by any proprietary regime. Lawyers, whose primary concern so often appears to be the allocation of propertised resources, would do well to be just as keenly interested when a particular resource is not propertised.


Related Discussions:- Visual trespass - property is an illusion

New media, New Media: We define "new media" as interactive forms of commun...

New Media: We define "new media" as interactive forms of communication that use the Internet, including podcasts, RSS feeds, social networks, text messaging, blogs, wikis, virtual

Ultrawide band antenna, online purchase of ultrawideband antenna built proj...

online purchase of ultrawideband antenna built projects

Make recommendations and reporting case study, In the Field Work Phase (whi...

In the Field Work Phase (which should have been Field Work/Findings Phase): We reviewed company documents, calculated financial ratios. We didn’t state our findings from the data

Sociological perspectives on gender and sexuality, Sociological Perspective...

Sociological Perspectives on Gender and Sexuality: Sociology of gender is a prominent subfield of sociology. Since 1950 an increasing part of the academic literature and of the pu

Multicultural counselling, Question 1 : Mauritius is considered to be a ...

Question 1 : Mauritius is considered to be a culturally diverse society with different cultures living in harmony together. According to you, is there a need for multicultural c

World wide web (www), The Web [WWW] The first age group Web applica...

The Web [WWW] The first age group Web applications were typically static and read-only: the client and the server exchanged HTML documents throughout HTTP protocol. The

Need paper for Organizational Behaivor Class, prepare a paper about Organiz...

prepare a paper about Organizational Change. You can talk about the reasons for change, resistance to change, overcoming and dealing with change, and/or managing change. The choice

What are the characteristics of a creative thinker, QUESTION 1 (a) How ...

QUESTION 1 (a) How would define creativity? (b) What are the characteristics of a creative thinker? (c) Describe the 5 important steps in the creative process QUESTIO

Types of internet e-banking websites, Question 1: (a) State five why re...

Question 1: (a) State five why reasons banks offer e-banking services. (b) Discuss about the implications for introducing internet banking services in a bank. (c) Illustr

Define primary care, Primary health care (PHC) is increasingly important in...

Primary health care (PHC) is increasingly important in modern health care reform, with a national PHC strategy recently released in 2010. The World Health Organisation describes PH

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd