Property Law Issues - Coursework Example

Name Tutor Task Date Property Law Introduction There is much made on the space available for use on the earth surface and bellow the earth surface. Use here comes in especially for housing in urban areas where people have moved from the rural areas and have flocked urban centers. This constant move has resulted into regrettable forms of urban sprawl which has led to an increased access to adequate housing in the urban centers. The sprawl has also increased pressure on the use of space below the land surface and above the land surface. In real estate, air right is a type of development right which refers to the empty space above the property and below the land surface. The increase of pressure towards developing the space below the earth surface and above the earth surface has led to reintroduction of the former Latin saying which states whoever owns the land shall belong to the earth to its center and up to the heavens (Oxford University, 45). Generally speaking, owning or renting of land or any building erected on the surface of the earth gives an individual the right to use and develop the air and subterranean space but only according to different levels. These levels are governed by the law of land in each country. The statement of land ownership entailing the ownership of space below and above the earth surface was coined in the thirteenth Century by Accursius regarding extend of ownership of land. There are in fact a number of controls on the ownership which includes statutory limitations and limitations founded in the common law. The first aspect to regarding control is the extent of the ownership rights in the airspace above the property (Ayer Company Incorporated, 60). It should be noted here that ownership rights extend to reasonable heights essential for common enjoyment and use of the land. That is why it was necessary for Bernstein to say that there need to be a necessity to balance the ownership rights of land against the general rights of the public to take advantage of what science offers in order to use the airspace. According to him, individual ownership of land above the surface of the earth is limited to such heights that were necessary for other ordinary use. Ownership enjoyment and use of the land above the height denies the simple owner greater rights as compared to any other member of the public. When the public interferes with the legitimate rights of the simple owner that is the space within his use, then the actions need to be maintained by an action for trespass. For example there was a case between Wilson Ltd and Richard Costain Ltd, where Richard Costain Ltd accused Wilson’s company of allowing a crane to swing over his property, the company was charged over trespass. On the other hand, under Civil Aviation Act of 1982, it is an act of trespass when an aircraft flies at a height which is reasonable under the circumstances. The issue of land states that land owners own everything down to the center of the earth just as the old Latin saying goes. It is true that all minerals are owned by the land owner and that ownership is vested on a person as pertained in different statues in the public bodies. For example, petroleum in its natural state is owned by the virtue of petroleum act of 1998. On the other hand, in an area with coal, ownership is vested on Coal Authority according to coal act of 1994. Land ownership is prima facie and the owner is entitled to all chattels found on the land. This is true except in situations when there is treasure on the land. Under the treasure act of 1996, treasure allows land owners to prior interest and rights. The fact that people have never considered living underground creates little awareness as to the potential or the real disadvantages or advantages of living underground. On the contrary, there is no denial that there is an extent of experience to which people are habitats of cities and in them there are major subway systems and shopping malls below ground level. Channel tunnels are other important experiences which no longer invites comments (Ayer Company Incorporated, 64). Another view with regards to land ownership is based on the lateral thinking. There is an exponential increase in population pressure on urban centers and thus any mathematical assumption allows for radial expansion over the surface of the earth. But since the surfaces of the earth at these urban cities are all occupied, the resultant effect is that there is going to be an extended development in the space above the land and below the earth surface. The irony here is the degree at which societies view globalization should be limited to what is the “flat earth” perspective. Land use is increasing exponentially, according to research, in 2001 there only 19 megacities and it is estimated by 2015, 60 megacities will have developed in most countries. In this estimation, by 2030, about 60 % of the global population which amounts to 4.9 billion people will dwell in these cities. This will result in an enormous burden on land use and will lead to forest degradation, loss of biodiversity and decline in air quality. To counter all these backdrops, underground space will be used more for housing garages, warehouses and offices as well as for infrastructure. Underground space will in future sustain and help promote environmentally sustainable urbanization. This is because it encourages reduction of air pollution, conserves energy and help in the creation of more open space and scenery above the ground. There are no strong limitations to the use of space bellow the earth surface because in future it will be used for allowing cities more land options (Oxford University, 54). In the current development, most underground space is used to develop buildings for bunkers which are designed to protect people’s documents such as paper documents, films and photographs. Other important protection is given to physical objects, computer and data systems. Underground buildings have been developed to attractive, comfortable structures that serve several purposes for the land owner. As long as one own a piece of land with no natural minerals in it, they are entitled to use any stretch towards the center of the earth and that is why in the contemporary American society, more than 500 non residential are built underground. For example there are underground schools which include schools from preschool to universities, offices, warehouses, factories, libraries, stores, museums, athletic facilities, convention centers and many more. In addition to these structures and land ownership, there is a wider stretch of regulations pertaining subterranean construction at greater depths than exemplified by conventional understanding of constructions of earth sheltered buildings. The restrictions here are for construction of buildings at depths of kilometers below the earth surface rather that meters below the earth surface. The other aspect based on this restriction is habitats stuck by land owners in larger vertical shafts rather than distribution around a large underground space. It also includes the construction that goes beyond conventional surface as related to the regulatory constraints and those that are related to developmental approaches that goes beyond the current models for regulating businesses existing on the subsurface construction corporations. Unlike the outer space which is concerned with establishment of appropriate distinctions of the mind with regards to effectiveness of flat land approach to subterranean opportunities, subterranean development focuses on legal issues of ownership of volumes of land, whether it is 50 -1000 meters below the earth surface. Underground development also vests heavily on excavation costs, drainage, and air conditioning and above all, human psychology. All over Japan for example, underground construction has largely gone underway. It consists of an area where different kinds of facilities have been built (Ayer Company Incorporated, 69). They have not only built shopping mall, but also a host of other structures that includes museums, dams and electric power plants. From the perspective of any underground developer, there are legal issues that must be looked into, issues such as; the person who owns huge volumes of land for the development of underground structures in major cities, and in case of large cities as London, what are the implications does subterranean leasehold have over freehold for surface land?. The other issue is related to the price. It questions the rice at which underground structures will have in future especially if little economic value is attached to it by the current owner. Implications for mortgage should also be looked at in terms of land surface and the possibility of the mortgage use for deep habitat acquisition and the other for banks according to mortgages that are obliged to foreclose. This is related to the options of the bank in selling subterranean investment rather than foreclose. Finally, the issue of subdivision of property vertically for the purpose of separate sale when they are registered in the surface based cadastre. Conclusion Ownership of land entails owning the land including the space that is towards the earth of the earth and the space up to the heavens. With regards to this statement a number of issues have been raised based on the space available for use on the earth surface and bellow the earth surface. Use here comes in especially for housing in urban areas where people have moved from the rural areas and have flocked urban centers. Building towards space and towards the center of the earth is as a result of regrettable forms of urban sprawl which has led to an increased access to adequate housing in the urban centers. The sprawl has also increased pressure on the use of space below the land surface and above the land surface. In real estate, air right is a type of development right which refers to the empty space above the property and below the land surface. The increase of pressure towards developing the space below the earth surface and above the earth surface has led to reintroduction of the former underground buildings. A land owner therefore owns not only the surface of the land but also everything below the area to the center of the earth and above it to the sky. Despite this free enjoyment and use, the freedom exists unless there has been a division of estate (Ayer Company Incorporated, 74). The owner is entitled to free control of his own land above and beneath the surface. Whatever is directly linked between the surface of the land and towards the center of the earth belongs to the owner unless they are natural mineral resources. Ordinarily the ownership cannot be infringed by third person. Individual ownership of land above the surface of the earth is limited to such heights that were necessary for other ordinary use. Ownership enjoyment and use of the land above the height denies the simple owner greater rights as compared to any other member of the public. When the public interferes with the legitimate rights of the simple owner that is the space within his use, then the actions need to be maintained by an action for trespass. Underground buildings are important because they have developed to attractive, comfortable structures that serve several purposes for the land owner. As long as one own a piece of land with no natural minerals in it, they are entitled to use any stretch towards the center of the earth and that is why in the contemporary American society, more than 500 non residential are built underground. For example there are underground schools which include schools from preschool to universities, offices, warehouses, factories, libraries, stores, museums, athletic facilities, convention centers and many more. Work Cited Oxford University. Comprising Reports of Cases in the Courts of Chancery, King's Bench, Common Pleas, Exchequer of Pleas and Exchequer of Chamber. The law journal for the year 1832-1949. 1990. 45, 54 Ayer Company Incorporated. Harvard Legal Essays, Written in Honor of and Presented to John Henry Beale and Samuel Williston. Ayer Publishing, 1999. 60 74 Read More