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". Message was sent through the cbm-hackers mailing list
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