1. The Characteristics From The Fee Simple In Tangible Estate Law
The Fee easy is the most ample Jamaica real estate known to law ; it is the most sufficient because it
is likely to final the longest also , since it gives to its owner the actual widest powers associated with
enjoyment of the property. Consequently if all of us take the powers associated with fee simple owner
as a datum line we shall be capable of seeing how far the powers of the owners additional freehold
estates as well as interests fall short of this particular.
What powers associated with enjoyment has the fee simple owner? extensively , his powers might be
considered as of 2 kinds - his rights of enjoying the land as he pleases and his rights associated with
alienation, or moving the land or houses for sale in Mandeville Jamaica on to others , as he may
desire. In theory both these types of powers are enjoyed to an unlimited degree by the fee easy
owner, but in exercise there limitations on both.
Rights to taking pleasure in Jamaica Property as well as Land
The rights that a fee easy owner has to benefit from the Jamaican land might be considered under 2
headings: what he is entitled to enjoy and just how he is entitled to enjoy it.
(a) subject matter of enjoyment -- Theoretically the owner of the actual fee simple in land enjoys
everything on the land, beneath it and over it. The latina maxim - "oujus est solum ejus usque ad
caelum et ad inferos", meaning, whoever is the owner of the soil is the owner of also everything up to
heaven and down to hell. Thus the dog owner is entitled usually to everything found on or under his
land which has no additional owner "treasure trove," however , belongs to Crown as do gold and
silver ores wherever found. The Jamaica landowner is also eligible for the use of the airspace above
his property , though the air room does not belong to him or her since air is incapable of ownership.
There are certain things, too, that even though found on property , do not belong to the actual
landowner; such things arrive within the category of ers nullius or "points belonging to nobody", and
include air.
(w ) Method of enjoyment -- Although a fee simple owner can do practically anything he or she likes
with his property he must always show consideration for the rights of others. At Common Law the fee
simple owner may do anything he or she pleases on his land so long as he doesn't thereby interfere
with any legal right enjoyed through any other person. This particular rule is embodied in the maxim
sic utere tuo lace elienum non laedas (so use your personal Jamaica property that you don't injure
that of others ). If for instance a landowner deposits some material on his property which gives off the
smell offensive to his neighbors he may be interfering with his neighbor's rights towards the ordinary
enjoyment of their land: if this is so then he has committed a "nuisance" and may be restrained
through injunction.
In add-on to this curtailment from the landowner's absolute powers of enjoyment, his powers may be
limited by virtue of estates or interests which have been granted by him or his predecessors in title, or
through contracts of one kind or another such as licenses or limited covenants.
Apart from restrictions imposed through the two rules previously discussed , the landowner can at
common law , do what he or she pleases. Various statutes however, particularly in recent times ,

2. have very seriously restricted the landowner's powers of satisfaction.
Natural rights of the fee simple owner
There are certain rights which belong to the property owner simply because he is the owner of the
property : these are sometimes called "natural rights" to distinguish all of them from a large number of
instead similar rights, such as easements, which may be obtained by the landowner in addition to his
natural rights. The most important natural rights are:
(the ) Air: The right to get any flow of atmosphere to the premises within an unpolluted state. The
landowner is not eligible for the flow associated with air to his land and any neighbor who helps
prevent the air from moving , say, to blow smoke away from the chimney-pot is not interfering with
any right from the landowner. But if atmosphere does flow the dog owner is entitled to have it
unpolluted. Precedent with this existed with respect to homes for sale in Montego bay Jamaica,
construction contaminated the air with dust and caused a number of problems for neighboring
residents.
(w ) Water:
(we ) the sole right to fish in water on his land
(ii ) the right to receive the accustomed flow of water in any natural stream on his property and to
receive this unpolluted.
(iii ) the right to use a reasonable quantity of the water moving in any natural stream on his property
subject to the right associated with owners lower down the actual stream to receive the actual
accustomed flow.
(c) Support: the right to have his property , in its natural condition , supported by the property of his
neighbors ; this natural correct does not extend to buildings put upon the land. If A's neighbor, w digs
a pit on his own land that results in A's property collapsing into the pit this is an interference with A's
natural correct of support.
These natural rights tend to be part of the bundle associated with rights which make in the fee simple
locations. They are not rights that must be acquired from other Jamaica property owners as are
easements and other incorporeal hereditaments.
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