RE: CommodoreWorld

From: William Levak (wlevak_at_cyberspace.org)
Date: 2004-06-19 03:04:29

On Fri, 18 Jun 2004, Bo Zimmerman wrote:

> I wonder if this is true.
> 
> In Texas, as in 49/50 of the U.S. states (and perhaps the world?) there is a
> legal theory called the common law.  What that says in a nutshell is that
> you can gain and lose certain rights over time just through their practice
> becoming commonly accepted.  The classic example we were given in school is
> about the person who sits on their porch and watches the kids cross his lawn
> on the way to school every day, and then wakes up one morning and decides to
> say "no"!  The kids could claim rightly that the property owner had given up
> his kid-crossing rights over the last 10 years of knowingly letting them do
> so without complaint.

Actually, the classic example is of a driveway or road that the property
owner has let others use for years.  This creates a dependence on the use
of this road, which becomes a common law right.  That is why the owners of
private roads close them off periodically for "maintenance".


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