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Anonymous

here's one...
    #3037865 - 08/22/04 11:28 PM (12 years, 3 months ago)

let's say i buy up all of the property surrounding a peice of property owned by another person... i completely encircle him. i let him pass over my property to get to work, the store, to see friends, etc.

one day, i tell him he's no longer allowed to pass.

if he was at home at the time, isn't he now my prisoner? how can he leave his property without trespassing? if he wasn't, isn't he now banned from his own property? how can he return to his home?

(i can't take credit for this question... i pulled it out of a book i'm reading by robert nozick... he's got a way of coming up with questions such as these, many of which he unfortunately is content to leave unanswered...)

what do you think?


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Invisibleretread
-=HasH=-
Registered: 07/14/04
Posts: 851
Re: here's one... [Re: ]
    #3037899 - 08/22/04 11:36 PM (12 years, 3 months ago)

I don't know how you'd end up totally encircling his property with your purchases. Most people have a driveway that leads right out to a public road. If he sold you this land to build a wall around him, he'd be a prisoner of yours and of his own stupidity.


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InvisibleEvolving
Resident Cynic

Registered: 10/01/02
Posts: 5,385
Loc: Apt #6, The Village
Re: here's one... [Re: ]
    #3037912 - 08/22/04 11:40 PM (12 years, 3 months ago)

Since I am inclined towards Geolibertarianism, I would say that you are in the wrong. The prior travelling paths across the properties you purchased would be considered natural easements. When you purchase a property, you do so accepting the conditions under which it is used, including the easements attached to it. In California law (if memory serves), if people have had access across a property for seven years or more it is considered a public easement. It is my understanding that this has it's roots in English common law.


--------------------
To call humans 'rational beings' does injustice to the term, 'rational.'  Humans are capable of rational thought, but it is not their essence.  Humans are animals, beasts with complex brains.  Humans, more often than not, utilize their cerebrum to rationalize what their primal instincts, their preconceived notions, and their emotional desires have presented as goals - humans are rationalizing beings.


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Offlined33p
Welcome to Violence

Registered: 07/12/03
Posts: 5,381
Loc: the shores of Tripoli
Last seen: 3 years, 6 months
Re: here's one... [Re: ]
    #3037940 - 08/22/04 11:51 PM (12 years, 3 months ago)

On a related side note, in local south florida news not to long ago there was a company which bought a bunch of residential streets. They actually tried charging all the people in the houses in front of the streets for their use. Short story short, the company was told you can't do that and the situation ended.

Best part was that the company's name was "Whatsdamatterwitu" Inc(Either this or sounds the same but different shorthand).


--------------------
I'm a nihilist. Lets be friends.

bang bang


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OfflineMilkyMedia
Lost Soul

Registered: 06/11/03
Posts: 259
Last seen: 8 years, 4 months
Re: here's one... [Re: d33p]
    #3038053 - 08/23/04 12:38 AM (12 years, 3 months ago)

In California, when you buy a property you are subject to an easement. Either for a sidewalk...road..whatever. It wouldn't work.


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