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

Structural determinants of population health - ethnicity, Ethnicity: S...

Ethnicity: Social inequalities are not only affected by the gender and social class only but they are also affected by the ethnicity.  Ethnicity also affects our well being an

Earths crist, How does the mantle interact with the earths crust?

How does the mantle interact with the earths crust?

What makes a film a documentary?, What Makes a Film a Documentary? In g...

What Makes a Film a Documentary? In general, documentary films focus on real life and include footage of events as they happened. A movie about World War II might feature actor

Global warming and the keeling curve, Temperature: the web page to understa...

Temperature: the web page to understand what the data set is that you are about to download and work with. Scroll down and click on "The Monthly Global (land and ocean combined int

What is gender equality?, What is Gender Equality? Gender equality mea...

What is Gender Equality? Gender equality means that women and men have equal conditions for realizing their full human rights and for contributing to, and benefiting from, eco

Describe problem solving, Problem 1: (a) Describe Problem solving. (...

Problem 1: (a) Describe Problem solving. (b) What are the basic components of a problem? Illustrate your answer using a concrete example. (c) Explain carefully any three

Education and society, as a teacher how to overcome the factors of wastage...

as a teacher how to overcome the factors of wastage and stagnation

Define the term organisation culture, Question: (a) Describe the three ...

Question: (a) Describe the three methods of communication at the workplace and the principal advantages and disadvantages of each medium. Also explain the emerging role and imp

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