The characteristics of full domain in real estate law
The Fee Simple is Jamaica’s largest real estate property known to the law; it is the widest because it is likely to last the longest and because it gives its owner the widest powers of enjoyment of the land. if, therefore, we take the powers of the freehold owner as a baseline, we can see how far the powers of owners of other properties and freehold interests fall short.
What faculties of enjoyment does the full owner have? Broadly speaking, your powers can be considered to be of two kinds: your rights to enjoy the land as you please and your rights to alienate, or to pass the land or houses for sale in Mandeville Jamaica to others, as you wish. In theory, the owner in good standing enjoys these two powers unlimitedly, but in practice there are limitations on both.
Rights to enjoy Jamaican property and land
The rights that a freehold owner has to enjoy the land of Jamaica can be considered under two headings: what he is entitled to enjoy and how he is entitled to enjoy it.
(a) Matter of enjoyment – In theory, the owner of simple property in the land enjoys everything on the land, below and above it. The Latin maxim – “oujus est solum ejus usque ad caelum et ad inferos”, that is, whoever owns the earth also owns everything up to heaven and down to hell. Thus, the owner is generally entitled to anything on or under his land that is not otherwise owned “hidden treasure”, yet it belongs to the Crown as does gold and silver ore wherever it is found. find. The landowner of Jamaica is also entitled to the use of the airspace over his land, although the airspace does not belong to him as the air is unable to possess it. There are also certain things that, although found on the earth, do not belong to the owner; such things fall into the category of res nullius or “things that belong to no one”, and include air.
(b) Enjoyment Method – Although a fee simple owner can do just about anything he wants with his land, he must always show consideration for the rights of others. Under common law, a freeholder can do whatever he pleases on his land as long as it does not interfere with any legal rights enjoyed by someone else. This rule is embodied in the maxim sic utere tuo ut elienum non laedas (so use your Jamaican property so as not to harm others’). If, for example, a landowner deposits some material on his land that gives off an offensive odor to his neighbours, he may be interfering with his neighbor’s rights to the ordinary enjoyment of his land: if this is so, then he has committed a “nuisance” and can be repressed by court order.
In addition to this restriction of the owner’s absolute powers of enjoyment, his powers may be restricted by virtue of inheritances or interests that have been granted by him or his predecessors in title, or by contracts of one kind or another, such as licenses or restrictive agreements. .
Apart from the restrictions imposed by the two rules mentioned above, the landowner can, in common law, do as he pleases. However, various statutes, particularly in recent times, have very severely restricted the enjoyment powers of the owner.
Natural rights of a full owner
There are certain rights that belong to the owner of the property simply because he owns the land: these are sometimes called “natural rights” to distinguish them from a large number of fairly similar rights, such as easements, which the owner of land can acquire. the earth. besides the natural rights of him. The most important natural rights are:
(a) Air: The right to receive any current of air in the premises in an uncontaminated state. A landowner has no right to the flow of air onto his land and any neighbor who prevents the air from flowing, say, to remove smoke from a chimney, is not interfering with any right of the landowner. But if the air flows, the owner has the right not to be polluted. Before this existed regarding houses for sale in Montego Bay Jamaica, the construction polluted the air with dust and caused various problems to the neighboring residents.
(i) the exclusive right to fish in the water on your land
(ii) the right to receive the defendant’s water flow in any natural stream on his land and to receive it without contamination.
(iii) the right to use a reasonable amount of the flow of water in any natural water course on its land subject to the right of downstream owners to receive the charged flow.
(c) Support: The right to have your land, in its natural state, supported by your neighbor’s land; this natural right does not extend to buildings built on the land. If A’s neighbor B digs a hole in his own land which causes A’s land to collapse into the hole, this is an interference with A’s natural right of support.
These natural rights are part of the set of rights that make up the full domains. They are not rights that must be acquired from other Jamaican real estate owners as are easements and other incorporeal estates.