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

Hispanic culture through movies, lease answer following questions: by sear...

lease answer following questions: by searching but no need to cite any sources. it is based from these movies: “Guantanamera”_________________________________________________

Storm water management division, Storm Water Management Division: The Stor...

Storm Water Management Division: The Storm Water Management Division (SWMD) administers the Municipal Separate Storm Sewer System (MS4) permit issued to three district agencies (D

Mapping of various groups, Question: (a) Examine the extent to which th...

Question: (a) Examine the extent to which the participatory role of the community needs the "mapping" of various groups as they will be identified and the support mechanisms,

Switching system.., a fully connected network support full duplex communica...

a fully connected network support full duplex communication using unidirectional links so the total no. of links in a such a network n mode is given by 2*nc2

Lane changing behavior - traffic congestion, Lane-Changing Behavior - Traff...

Lane-Changing Behavior - Traffic Congestion Lane changing occurs when a vehicle is overtaking another vehicle on an overtaking lane or a multi-lane section of the road. In o

Digital currency, DIGITAL CURRENCY Electronic money (also known as elec...

DIGITAL CURRENCY Electronic money (also known as electronic cash, e-money, electronic currency, digital cash digital money or digital currency) refers to scrip or money which i

Write a long note on ecosoc, Question 1 Write a long note on Human Rights ...

Question 1 Write a long note on Human Rights and Female Foeticide (Introduction and elaboration of women and their rights. Prevention of sex determination in USA Question 2 W

Business ethics & corporate governance, Why business ethics & corporate gov...

Why business ethics & corporate governance important even though there is a rule and regulation and policies.

Nursing, what are the written material information in nursing

what are the written material information in nursing

Export control of data encryption, Export Control- Cryptographic strate...

Export Control- Cryptographic strategy and technical data concerning them are subject to Federal Government export controls as specified in Title 22, Code of Federal Regulation

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