The Fee Simple is the foremost ample Jamaica realty known to law; it is the foremost ample as a result of it is seemingly to last the longest and as a result of it gives to its owner the widest powers of enjoyment of the land. Consequently if we have a tendency to take the powers of fee simple owner as a datum line we tend to shall be ready to work out how far the powers of the owners different freehold estates and interests fall wanting this.
What powers of enjoyment has the fee easy owner? Broadly, his powers could be thought of as of 2 types - his rights of enjoying the land as he pleases and his rights of alienation, or passing the land or houses for sale in Mandeville Jamaica on to others, as he could desire. In theory both these powers are enjoyed to a limiteless extent by the fee simple owner, but in observe there limitations on both.
Rights to enjoying Jamaica Property And Land
The rights that a fee simple owner should fancy the Jamaican land might be thought of below two headings: what he is entitled to get pleasure from and the way he is entitled to get pleasure from it.
(a) Subject matter of enjoyment - Theoretically the owner of the fee simple in land enjoys everything on the land, beneath it and above it. The Latin maxim - "oujus est solum ejus usque ad caelum et ad inferos", which means, whoever owns the soil owns additionally everything up to heaven and right down to hell. Thus the owner is entitled usually to everything found on or beneath his land that has no other owner "treasure trove," however, belongs to Crown as do gold and silver ores wherever found. The Jamaica landowner is additionally entitled to the utilization of the airspace higher than his land, though the air house will not belong to him since air is incapable of ownership. There are specific things, too, that even though found on land, do not belong to the landowner; such things come inside the category of res nullius or "things belonging to no one", and embody air.
(b) Technique of enjoyment - Although a fee straightforward owner will do practically something he likes along with his land he must invariably show consideration for the rights of others. At Common Law a fee easy owner could do something he pleases on his land so long as he will not thereby interfere with any legal right enjoyed by any other person. This rule is embodied within the maxim sic utere tuo ut elienum non laedas (so use your own Jamaica property that you do not injure that of others). If as an example a landowner deposits some material on his land that provides off a smell offensive to his neighbors he may be interfering together with his neighbor's rights to the standard enjoyment of their land: if this is often therefore then he has committed a "nuisance" and may be restrained by injunction.
In addition to the present curtailment of the landowner's absolute powers of enjoyment, his powers may be restricted by virtue of estates or interests which are granted by him or his predecessors in title, or by contracts of 1 kind or another like licenses or restrictive covenants.
But restrictions imposed by the 2 rules on top of mentioned, the landowner will at common Law, do what he pleases. Various statutes however, significantly in recent times, have terribly severely restricted the landowner's powers of enjoyment.
Natural rights of a fee simple owner
There are specific rights which belong to the property owner simply because he is the owner of the land: these are sometimes referred to as "natural rights" to tell apart them from a large variety of rather similar rights, like easements, which may be acquired by the landowner in addition to his natural rights. The foremost important natural rights are:
(a) Air: The correct to receive any flow of air to the premises in an unpolluted state. A landowner isn't entitled to the flow of air to his land and any neighbor who prevents the air from flowing, say, to blow smoke removed from a chimney-pot is not interfering with any right of the landowner. However if air does flow the owner is entitled to own it unpolluted. Precedent for this existed with respect to homes for sale in Montego Bay Jamaica, construction polluted the air with dust and caused many issues for neighboring residents.
(b) Water:
(i) the sole right to fish in water on his land
(ii) the proper to receive the accustomed flow of water in any natural stream on his land and to receive it unpolluted.
(iii) the proper to use a cheap quantity of the water flowing in any natural stream on his land subject to the proper of homeowners lower down the stream to receive the accustomed flow.
(c) Support: The right to have his land, in its natural state, supported by the land of his neighbor; this natural right does not extend to buildings place upon the land. If A's neighbor, B digs a pit on his own land that results in A's land collapsing into the hole this can be an interference with A's natural right of support.
These natural rights are part of the bundle of rights that build up the fee simple estates. They are not rights that must be acquired from alternative Jamaica assets house owners as are easements and different incorporeal hereditaments.
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