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

Name five pre-press operations, Question: (a) Name five Pre-press oper...

Question: (a) Name five Pre-press operations which are usually done by the press? (b) Stripping and Imposition refer to the plan and arrangement of pages so that when print

Anthropology, Provided an example of secondary social group.

Provided an example of secondary social group.

Impressionism, Questions: I need a report on Impressionism . Impressionis...

Questions: I need a report on Impressionism . Impressionism report for about 2500 words? Would you able to assist me in report? Let me know cost of report and some of examples

Humanities, one of the ideals the greeks strived for was a a. unified Greek...

one of the ideals the greeks strived for was a a. unified Greek State B.uniform religion with one major deity C. balance and moderation in life. D. recognition in life that all hum

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

Punch-out from wcbe and wcs mpe to external suppliers, Punch-out from WCBE ...

Punch-out from WCBE and WCS MPE to External Suppliers A conventional electronic marketplace (EMP) or a private trading exchange (PTX), such as IBM WCS MPE, provides a variety o

Public speaking, Which of the following adjectives does not describe a tone...

Which of the following adjectives does not describe a tone appropriate for voice-only communication in an academic or business setting? interested confident optimi

Servo motor, By definition, servo motors run using a control loop and requi...

By definition, servo motors run using a control loop and require feedback of some kind. A control loop uses feedback from the motor to help the motor get to a desired state (positi

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