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

Differences between social care and counselling, Question: (i) State t...

Question: (i) State the relationship and differences between social care and counselling. (ii) Critically analyse the two different social care counselling and the areas i

Vhdl coding assistance, DO you provide assistance for vhdl coding? DIF Radi...

DO you provide assistance for vhdl coding? DIF Radix 4 Fft Coding for example

What are the forms of ownership for newspapers, Question 1 What are the fo...

Question 1 What are the forms of ownership for newspapers? Explain in detail Question 2 How can employees of an organization be rewarded? Discuss the tips for effective recog

Methodologies of historiography, I am looking for assignment help on the to...

I am looking for assignment help on the topic methodologies of historiography . It would be great if anyone help me. Please describe the given topics. Some of the major methodo

What is method of dominance, Question 1 Explain any five guidelines to be ...

Question 1 Explain any five guidelines to be followed for constructing frequency distribution Question 2 Explain Mode and the method of locating Mode by the Graphic Metho

Various types of managed care organizations, Most opinions are that managed...

Most opinions are that managed care is here to stay.  One of the attractive features of managed care is its ability to contain costs of health care services.  Discuss the following

How is an ems structured?, How is an EMS structured? Like most EMSs, th...

How is an EMS structured? Like most EMSs, the NIEHS EMS follows the Plan-Do-Check-Act structure provided by the ISO 14001 EMS Standard. This involves a five-step process that a

Public Relations, You are to design a 2016 presidential campaign for Hillar...

You are to design a 2016 presidential campaign for Hillary Clinton. Consult the INTERNET for background material. 1) Determine what the theme will be for the campaign 2)

Government and public affairs, For this task, complete the following: Choo...

For this task, complete the following: Choose an example of how the government has impacted public policy. For example: Social Security Act, the Affordable Care Act, the 18th Amen

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