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

Value laden, Case Study: Judy a seventeen year old girl was hospitalise...

Case Study: Judy a seventeen year old girl was hospitalised following presenting to the Emergency Department (ED) with acute abdominal pain. Judy has just commenced a job in th

Having Problem With Harvard Style of Referencing, I want to buy or purchase...

I want to buy or purchase Harvard Style of Referencing Format Paper?

Birth weight and prenatal visits, What does the negative coefficient on the...

What does the negative coefficient on the quadratic term imply about the relationship between birth weight and prenatal visits? Does the sign make sense? Explain. Answer: The fl

History of economic thought, with the ancient greeks contributedto economy ...

with the ancient greeks contributedto economy was a national approachto social science in general justify?

Eps11, oS/kkfudrk fdl izdkj jktuhfr foKku dk dsUnzh; fo’k; gS] o.kZu djsaA

oS/kkfudrk fdl izdkj jktuhfr foKku dk dsUnzh; fo’k; gS] o.kZu djsaA

Monitor work operations, Practical activity will require to prioritise and ...

Practical activity will require to prioritise and co ordinate a variety of operational tasks. You should communicate effectively with team members and ensure awareness and acceptan

Definitions, what does the word approximate number mean?

what does the word approximate number mean?

Drainage patterns, Drainage patterns: According to the configuration of th...

Drainage patterns: According to the configuration of the channels, drainage systems can fall into one of several categories known as drainage patterns. Drainage patterns depend on

Quantitative Methods, DQ1 Explain the parts of a decision tree. What are so...

DQ1 Explain the parts of a decision tree. What are some benefits of using decision trees? In what ways can decision trees be used for business decisions? Name some real-world examp

Theories of human communication, Theories of Human Communication: Human co...

Theories of Human Communication: Human communication occurs while one or more people send and receive messages. All of the communication acts have the following elements: sources,

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