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

Complex care, a) Discuss the type of infection control policy would be impl...

a) Discuss the type of infection control policy would be implemented for Mr

Skeletal biology, i have a research topic that is skeltel biology. Please e...

i have a research topic that is skeltel biology. Please explain me i have minimum of stuff i want more stuff related to my assignment topic. Skeletal Biology: Human skeleta

Explain the significance of public administration, Question 1 Public admi...

Question 1 Public administration is an integral part of the social, cultural and economic life of a nation. In view of this statement explain the significance of Public administr

Ecological restoration, Ecological Restoration: It is the procedure o...

Ecological Restoration: It is the procedure of assisting the recovery of an ecosystem that has been damaged, degraded or destroyed.  This is an intentional activity which ini

Global Studies Question, How did Southeast Asians react to contact with ma...

How did Southeast Asians react to contact with many different religions?

Describe the basic components of tourism, 1. What is understand by measurem...

1. What is understand by measurement of tourism? Bring out the importance of tourist Statistics? List out the general problems of measurement. 2. Describe the factors influencin

Advanages of internet - communication, Advantages Communicatio n : ...

Advantages Communicatio n : The leading target of internet has forever been the communication. And internet has excelled away from the expectations .Still; innovations are

Describe the importance of the risk-return relationship, Problem The St...

Problem The Stock of Max Ltd performs relatively well compared to other stocks during recessionary periods. The stock of Bax Ltd, on the other hand, does well during growth pe

Evaluates the available prescription, The pharmacist evaluates the availabl...

The pharmacist evaluates the available prescription before it can be filled and will review the client's allergies as well as the drug facts. The evaluation involves reviewing pote

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