Which school of thought do you fall into re: hunting w/o permission?

Which theory do you subscribe to?

  • A

    Votes: 172 86.9%
  • B

    Votes: 17 8.6%
  • C

    Votes: 1 0.5%
  • D

    Votes: 8 4.0%
  • E

    Votes: 0 0.0%

  • Total voters
    198
Status
Not open for further replies.
Art, I'm not bringing this up as "the law in such-and-such state," but rather as a point of interest. Historically (seventeenth century, if not earlier), trespass to land was known as "trespass quare clausum fregit," or "wherefore he broke the close," the "close" being the enclosed boundary of the land, with or without a fence. In most torts, the plaintiff has to prove damages, but that wasn't required for trespass qu. cl. fr.--the common philosophy was that merely treading on someone's grass constituted damage.

This is the basis of modern trespass-to-land. Granted, different jurisdictions implement it differently, but the ancient doctrine is that you do damage merely by stepping foot on my land, and it's therefore actionable.

Just a point to think about for those who claim a right to use another man's land, even if you claim not to hurt anything.
 
Tim, just starting a car begins wear and tear; driving does even more--which means that money must be spent for maintenance sooner than planned. Walking on land does not harm the land or the landowner's billfold.

I'll agree with that enough to say that it is not untrue. But not harming is not the point - being where you don't belong is.

As I said earlier, if it's mine to use, then it's mine to use. If it's not mine to use, then it's not mine to use. It's simple.
 
even if it is legal to do so and you feel it is acceptable or morally acceptable, the landowner may not. that will only cause hard feelings and problems. it really isnt hard to ask permission if for no other reason than to be polite about it.
 
how so, oil deeds recently helped get rid of some of my people (ie within a century), I'd hardly call that stone age.

Just like my argument, I think this thread has served its purpose and is now more than a silly argument
 
YOUR people, as in Americans?
I am Cherokee and Choctaw indian as well as other tribes, in fact I live in Cherokee County.
I get benefits for being a tribesman, not the least of which is free health care, not that I use it.

It is rather silly associating yourself more with the native tribes.
 
My people as in Americans would work as well, had a great grandfather killed for oil leases, not a drop of non-european blood in him, his family had been here since the 1700's.

But thats beside the point, the point is that some of you seem rather out of line with the placement of what trespassing on property is, equating it to burglary, breaking and entering etc. Do you threaten someone passing out pamphlets in your neighborhood if they knock on you're door? They're trespassing by some of the definitions that are out there.
 
Status
Not open for further replies.
Back
Top