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

Electronic money, Electroni c money Electronic money (also identified ...

Electroni c money Electronic money (also identified as electronic cash, e-money, digital cash electronic currency, digital money, or digital currency) refers to money or scrip

Government Involvement, Imagine that you have been hired by a company to im...

Imagine that you have been hired by a company to improve its image. Complete the following: •Put together an action plan that will help improve its corporate social responsibility

Isa server 2004, IS A 2004 ISA Server 2004 was free on the 8th Septemb...

IS A 2004 ISA Server 2004 was free on the 8th September 2004. ISA 2004 set up multi-networking support, incorporated virtual private networking design, extensible user and ver

Explain the characteristics of an extrovert personality, Question: (a) ...

Question: (a) Show the implications of the meaning and concept of organizational behavior in any work setting. Explain with relevant examples (b) Using the Eysenck's theory

What are the methods of categorizing typefaces, Question: (a) The clien...

Question: (a) The client is the person or the organization for whom you are preparing a document. List five main items you need to consider when dealing with clients. (b) E

Coronado, How would land elevation have changed if Coronado had traveled 15...

How would land elevation have changed if Coronado had traveled 150 miles due west from what is today Arizona instead of east toward new Mexico?

Neurological development, Write a response in your own words to each of the...

Write a response in your own words to each of the following questions: 1. Describe the processes of habituation and dishabituation and explain how they are used in research with

Viking symbols, I am a collector of antiquities and have found bronze amule...

I am a collector of antiquities and have found bronze amulets/pendants in the shape of a lightning bolt. These are described as Viking, but I don''t know where or how lighting bolt

Sociological theories of religion, Sociological Theories of Religion: Each...

Sociological Theories of Religion: Each main sociological framework has its perspective on religion. For example, from the functionalist perspective of sociological theory, religi

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