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Me Too Champion showed it was him too
#55
(05-11-2018, 12:34 PM)fredtoast Wrote: It requires more than just one prior consent.  It requires a "course of conduct" over a period of time.  I'll gladly post the law when I have some time to look it up.  Same applies with trespassing.  The law is so well accepted in these areas that I usually do not have to cite specific case law.  If you have been allowing someone to walk across your property on a regular basis you can not have them arrested for trespassing unless you specifically revoke that permission.

For trespassing, I believe you are referring to the creation of an easement, specifically an implied one. I deal with land use law on the regular so I am familiar to that particular sort of thing but that only applies to real property and so would not correlate to this situation as the common/case law for those doesn't really mesh. Much like contracts, as you have previously brought up, there is longstanding precedent regarding access to land from use in such a way. I am unaware of its application to other possessions or to persons, however, and am skeptical that there is such a precedent.

I could be wrong about this, I freely admit it. But even there is case law for it to apply to other possessions, it would seem the courts have not applied it to persons given that the version of consent I am discussing has been upheld by federal courts. But I'm willing to have my mind changed.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR





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RE: Me Too Champion showed it was him too - Belsnickel - 05-11-2018, 12:44 PM

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