Fee Simple is Jamaica’s largest real estate property known by law; it is the broadest because it is likely to last the longest and because it gives its owner the widest powers of enjoyment of the land. Consequently, if we take the powers of the simple owner as a reference line, we will be able to see to what extent the powers of the owners in other properties and freehold interests do not reach this level.
What powers of enjoyment does the simple owner of the rate have? Broadly speaking, your powers can be considered of two types: your rights to enjoy the land as you please and your rights of alienation, or to pass the land or houses for sale in Mandeville Jamaica to others, as you wish. In theory, both powers are enjoyed unlimitedly by the simple paying owner, but in practice there are limitations for both.
Rights to Enjoy Property and Land of Jamaica
The rights that a simple paying owner has to enjoy the land of Jamaica can be considered in two categories: what he is entitled to enjoy and how he is entitled to enjoy it.
(a) Object of enjoyment: theoretically, the owner of the simple tariff on 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, even heaven and even hell. Therefore, the owner is generally entitled to everything in or under his land that does not have another owner “hidden treasure”, however, it belongs to Crown as well as gold and silver minerals wherever they are. find. The Jamaican landowner also has the right to use the airspace over his land, although the airspace does not belong to him as the air cannot be owned. There are also certain things that, although they are on land, do not belong to the owner; such things fall into the category of res nullius or “things that do not belong to anyone,” and include air.
(b) Method of enjoyment: Although a simple landlord for hire can do practically anything he wants with his land, he must always show consideration for the rights of others. In common law, a simple landlord can do whatever he pleases on his land as long as it does not interfere with any legal rights enjoyed by anyone else. This rule is incorporated in the maxim sic utere tuo ut elienum non laedas (so use your own Jamaican property so as not to damage someone else’s). If, for example, a landowner deposits on his land some material that gives off an offensive odor to his neighbors, he may be interfering with his neighbor’s rights to the ordinary enjoyment of his land: if so, he has committed a “nuisance” and may be restricted by court order.
In addition to this limitation of the absolute powers of enjoyment of the owner, his powers may be restricted by virtue of properties or interests that have been granted by him or his predecessors in the title, or by contracts of one type or another, such as licenses. or restrictive covenants. .
Apart from the restrictions imposed by the two aforementioned rules, the owner can, in common law, do as he pleases. However, various laws, particularly in recent times, have severely restricted the enjoyment powers of the landowner.
Natural rights of a simple honorary owner
There are certain rights that belong to the owner simply because he is the owner of the land: they are sometimes called “natural rights” to distinguish them from a large number of fairly similar rights, such as easements, that can be acquired by the owner. in addition to their natural rights. The most important natural rights are:
(a) Air: The right to receive any flow of air to the facilities in an uncontaminated state. A landowner has no right to air flow to his land and any neighbor who prevents air from flowing, say, to expel smoke from a chimney, is not interfering with any rights of the landlord. But if the air flows, the owner has the right not to be polluted. Prior to this there was regarding the houses for sale in Montego Bay Jamaica, the construction polluted the air with dust and caused various problems for the neighboring neighbors.
(b) Water:
(i) the exclusive right to fish in the water on their land
(ii) the right to receive the customary flow of water in any natural stream on their land and to receive it without contamination.
(iii) the right to use a reasonable amount of the water that flows in any natural stream on their land subject to the right of downstream owners to receive customary flow.
(c) Support: The right to have your land, in its natural state, supported by the land of your neighbor; this natural right does not extend to the buildings placed on the ground. If A’s neighbor, B, digs a hole in his own land, causing 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 simple economic rights. They are not rights to be acquired from other Jamaican real estate owners such as easements and other incorporeal inheritances.