| All rights in property, whether in fee, tenancy, license or incorporeal hereditament, exist only by law. Nor are you free to do anything you wish with your property. The old shibboleth that "a man's home is his castle" was never true, for all property rights have always been subject to the power of the state and government authority, witness the myriad laws (state and federal statutes, municipal zoning ordinances, easements, rights or way, and use restrictions) that limit the rights of property ownership. Even a prescriptive right is only valid to the extent recognized by law. If you need further proof, just try putting on an addition to your house without a building permit and see what happens to you - not to mention your property. (As I write this, the owner of an office highrise in San Diego is having to remove the top three floors from his building because they encroach upon federal airspace.) There are some jurisdictions (e.g., Los Angeles, California) that even regulate the amount of water your toilet can flush! So if you think you’re king of your castle, you’d better start using a chamber pot for a throne. |