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

Constitutional law, In a recent COAG meeting, the Commonwealth and State Go...

In a recent COAG meeting, the Commonwealth and State Governments agreed to try and amend their respective Constitutions to require the representatives of the Queen to be elected by

HRM, Selection process in HR

Selection process in HR

Punchout from procurement systems to wcbe and wcs mpe, Punchout from Procur...

Punchout from Procurement Systems to WCBE and WCS MPE For instance, IBM's Commerce Integrator is a generic framework that enables WCBE and WCS MPE to hold business-to-business

Factors will you keep in mind while planning for a library b, factors will ...

factors will you keep in mind while planning for a library building

Application of motion economy in the apparel industry, Principles related t...

Principles related to the use of the human body, arrangement of the workplace and design of tools and equipment

Authorisation of electronic fund transfer, AUTHORISATION EFT transactio...

AUTHORISATION EFT transactions necessitate communication between number of parties. When a card is applied at a merchant or Automated teller machine   (ATM), the transaction is

California Driver Education, What does a white regulatory sign which is wri...

What does a white regulatory sign which is written "Pedestrians, Bicycles, Motor-Driven Cycles are prohibited" mean?

HIM1000_Intro to Health Information Management_Test Guide, REVIEW THE FOLLO...

REVIEW THE FOLLOWING TOPICS FOR THE UNIT TEST #3 ROI - guidelines for release, consents, etc... Numbering systems Microfiche/microfilm storage Filing – what is more efficient & wha

Identify the primary human causes of accident, Question 1: (a) Under se...

Question 1: (a) Under section 6 of the Occupational Safety and Health Act 2005, employers have a statutory duty to prepare and keep revised a written statement of their health

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