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RR Graffiti Vandals Arrested
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[quote user="Paul_D_North_Jr"] <p>[quote user="selector"] The tagger's <em>right</em> to do as he wishes stops at the moment I express my non-concurrence for him to exact his craft on my property. [/quote] [emphasis added]</p><p>Nope - the tagger has no such <em><strong>right</strong></em>, ever, or anyplace. Your property is your property, and one of the bundle of many of <strong>your rights</strong> that goes along with the ownership of property in this country (USA) is the power and legal support to control that property. That control inherently includes the power and right to exclude others from the property, for any reason or no reason (except for some illegal discriminatory ones). The principle of exlcusion is so fundamental that no one can claim any right by merely being on the property (for less than many years). And you have those rights without having to do anything to support or enforce them (again, for short periods - the doctrines in the nature of adverse possession may apply for such longer periods). The fact that certain anti-trespassing statutes may require actual notice or constructive notice (such as posted signs in a certain format) are requirements associated with the enforcement and penalty mechanisms and procedures - not with the fundamental right itself.</p><p>So you need not first tell the tagger to stop in order to negate any such purported right, because there isn't any such thing. What that vandal has is merely the potential ability (mere power, without any legal right) to attempt to perpetrate the illegal act(s) without observation, interference, or clear notice that what is being done is objectionable. To the extent that any of that is needed or relevant - such as for enforcement - then your non-concurrence would be an essential event and act. But otherwise, no one has the right to paint your property only until you tell them to stop. What if you were away on vacation ? Would you really accept coming home to find your house all painted up, and just say to yourself, "Well, this happened because I wasn't here to tell the tagger to stop, so he/she had the right to continue doing it - into perpetuity ?" To ask that question is to answer it, though that is hardly necessary.</p><p>- Paul North.</p><p>[/quote]</p><p>Excellent. I believe you reference in your description what's called the "squatter's law" whereby, at least in Minnesota, if someone dwells on or actively maintains land that's not deeded to them, they can go before a court and petition for ownership of that land. I think the time-span in Minneosta is 10 years but I may be wrong. In any event, the weirdo who lives to the east of me (couple of rich people, and the guy is some type of pseudo-genius in his technical field) tried offering me a deal where they'd maintain part of my unfinished property up that adjoins their land, and they'd sod it and mow it for me - I wouldn't have to do anything on it. Uhhhh, no, I said - not gonna fall for that one! Since then they (thankfully) have stayed away.</p>
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