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

Post-feminism, Post-feminism: Post-feminism describes a range of viewpoint...

Post-feminism: Post-feminism describes a range of viewpoints reacting to feminism. While not being "anti-feminist," post-feminists believe that women have achieved second wave goa

Details about smart card, DE T AIL S ABOUT SMART CARD The automatic ...

DE T AIL S ABOUT SMART CARD The automatic chip card was make-believe by German rocket scientist Helmut Gröttrup and his colleague Jorgen Dethloff in 1968; the copyright was

Social, why does level development different m one country to anothrfro

why does level development different m one country to anothrfro

Write a long note on the meaning and various kinds of writs, Question 1 Wr...

Question 1 Write a long note on Environmental Protection in the Constitution Question 2 Write a long note on financial relations between the Centre and the States Q

Describe unemployment and types of unemployment, Question 1: During the...

Question 1: During the past few decades, women's representation in a wide range of occupations has increased in Mauritius but discrimination on the basis of gender is still a m

Premenstural syndrome, is there any relationship between premenstural syndr...

is there any relationship between premenstural syndrome and mood

#aims of education., Mention the aims of education in present scenario.

Mention the aims of education in present scenario.

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