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

Principles of environmental control in a workplace, Question 1: (a) Ex...

Question 1: (a) Explain how environmental factors remain a major cause of sickness and death in many regions of the world. (b) How are Environmental Hazards classified?

Humanities, These essays should be a minimum of five paragraphs in length e...

These essays should be a minimum of five paragraphs in length each. They should contain a clear thesis statement in the first paragraph (an answer to the question!). Make sure your

Factors affecting wastage and stagnation, What are the factors affecting wa...

What are the factors affecting wastage and stagnation? How you as a teacher can overcome these factors? Explain with illustrations.

Gender and legal issues, Gender and Legal Issues: Gender refers to the per...

Gender and Legal Issues: Gender refers to the personal sexual identity of an individual, regardless of the person's biological and outward sex. How people define masculinity and f

Client-queue-client network architecture, Compariso n to Client-Queue-Clie...

Compariso n to Client-Queue-Client architecture Even as classic Client-Server architecture necessitate one of the communication endpoints to take action as a server, which is

Public speaking, Which of the following adjectives does not describe a tone...

Which of the following adjectives does not describe a tone appropriate for voice-only communication in an academic or business setting? interested confident optimi

Organizational behaviour, Identify three reasons why motivating employees i...

Identify three reasons why motivating employees is becoming increasingly challenging.

1, itoy serbisyo at ahensya ng tubig

itoy serbisyo at ahensya ng tubig

VOTE, ACROSTIC OF VOTE

ACROSTIC OF VOTE

Visual trespass - property is an illusion, Whatever the maxim cuiusest sol...

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 a

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