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

International Travel, Ask The __________ rate is the amount of foreign curr...

Ask The __________ rate is the amount of foreign currency customers get in exchange for their dollars when they exchange money. A. sell B. buy C. street question #Minimum 100 w

Chemistry, applications o chemistry in information technology

applications o chemistry in information technology

Primary health care for type 2 diabetes, Mary who, 42, lives with husband a...

Mary who, 42, lives with husband and 5 children aged 5 to 18. Mary had an Italian father and an aboriginal mother and was born and lives in remote western Queensland all her life.

Lexington and Concord, I need help with a paper I have to write on the batt...

I need help with a paper I have to write on the battle of Lexington and Concord. I would please like a straightforward answer.

Graphically explain the optimal level of pollution, Question 1 Why is the...

Question 1 Why is the Harrod Model called a 'razor-edge' model? Question 2 Enumerate the reasons and events that validate balanced growth and the big push Questio

Test, give me work sheets to do

give me work sheets to do

Mesoamerica, what is Mesoamerica human density

what is Mesoamerica human density

Adolassignment help-homework help login | create a, ou being a teacher de...

ou being a teacher describe your experience regarding the role of school,parents,peers in imparting family life education.

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