BF

Thanks for your comment, albeit misguided as it is.
My question to you is then: What makes YOU superior to the population of all other countries in the Western Hemisphere? If YOU are so superior to the rest of the population, why is it that the rest of us peons and low life have never heard of you?

BF

BF

I’m also (among several other things) a licensed private pilot. Considering I had about 2 months worth of real estate law (Calif) while in law school I now also offer the following information even many real estate professionals are not aware of.

Unless there are specific “rules” or “conditions” (called “covenants” in contract law) that the parties must abide by to avoid a breach of contract.

The “one law” I refer to is to define who owns what in the way of real estate. I won’t go into finite detail here. Suffice it to say that “you own all that which lies within the limits of the property boundary lines of record, including all that which lies 500-feet below the mean surface of the earth and that which lies 500-feet above the mean surface of the earth.”

In other words Gerald, as the property buyer/owner, your property boundary limits are marked on the surface of the property — well, at least its marked on “paper”. In addition, you own and legally have the right to regulate that “airspace” above the ground and you have the right to regulate the space 500-feet below the surface — UNLESS there are covenants in the contract to the contrary.

Be certain you learn EXACTLY what your property rights are BEFORE you run out and claim ownership of something you don’t actually “own”. In other words — if you challenged a “trespasser” who declares “she/he” owns the water under your property; you could walk yourself into a court battle over who owns what.

Therefore, the “airspace” above your land, up to 500 feet above it, is owned and regulated by the buyer/owner of the property. The Federal Aviation Administration (FAA) makes and enforces “rules” pertaining to “airspace”. One of the cardinal rules for pilots is that they are not permitted to enter and operate any airship (air craft) lower than 500-feet above the surface of the earth. There are a number of “exemptions” (emergencies for example and when taking off or landing) and other “modifiers of existing rules” within the text of these FAA Flight Rules.

Hope this little “extra” comment helps clarify real estate ownership with respect to property boundary lines running in all six directions of the cube.

BF

Thanks for your kind compliments on the article.

I must admit I’m at a loss as to “who Cooki” is !! Of course, memory is one of the components that is affected by chemotherapy for my lung cancer.

You contemplate starting a newsletter. Good for you! Of course, there ARE legal issues in distributing “written” commentary or information — that is: “…anyone, for any reason what-so-ever, can sue anyone in a court of law whether the accused is guilty or not. The down-side of this condition is that the accused (defendant) must come up with the CASH MONEY to pay the court filing fees and any monies owed to the lawyers who will charge anywhere from $400 to $600 an hour while in the courtroom. Numerous lawyers love taking one’s money as a “good-faith deposit” in amounts of $2,000 to around $10,000 is quite common just to talk with the lawyer about the case. Such as a false dog-bite or “slip ‘n fall” case just to capture some income from the settling insurance company. So, what is said, or even if one reads between the words in your newsletter, “words” can be used against you. Choose carefully.

Cooki, I can see that your newsletter idea, perhaps in the design field (?), would become unto itself an INFORMATIONAL/TUTORIAL platform. Since this would incorporate local, state, federal and international building codes, customs, cultural differences, language barriers, even colors of text you choose to emphasise in your dialogue could “offend” someone.

If you wish to pursue the newsletter issue and wish some casual conversation over personal experiences I’d be happy to assist. You can always reach me at billford@isp.com.

You may also be interested in a companion article to the BOBCAT issue, which expounds on a “legal issue” concerning “No Trespass” signage posted on private property:
http://wp.joshuatreestar.com/?p=5841
I hope this helps some… you can always email me and we can go from there for a meet ‘n greet or, chit-chat via email or phone. BTW: I took the liberty of obscuring your address and phone number from public view. Also, my “part-time” neighbor is a designer by profession and who hails from the Upper Eastern Seaboard region. I can put you in touch if you like.

Best Regards
Bill Ford, founder
JoshuaTreeStar.com

Thanks for your comment participation.
You’re right! “…put up the signs, then prosecute the trespassers.” Another, but obscure, reason to use the No Trespassing law, is, well, “the law”. Law enforcement agencies throughout the nation are under budget shortages which results in few if any “timely” responses to citizens complaining of trespassing on their private property.

What can we do about the killing on BLM land and other “government controlled real estate”? The likelihood of a citizen, or even a group of local citizens, getting BLM (et al) to change their policy & procedures concerning “trespass”. The facts are, Gerald, that the LAW allows licensed citizens the hunting and/or trapping, subsequently killing the wildlife.

The only way “I” know of, to get BLM and others to make the changes to their policy & procedures is to get legislation passed that would ban bobcat hunting/trapping for the purpose of conducting international fur trading.

However Gerald, keep in mind that getting a new law set, proposed, approved and implemented could take years to push through. And, no matter how well the new law might be written, there will always be someone who will make concerted efforts to “change how that law is written” to satisfy his/her agenda or their political constituants agenda. It’s the same old story……..

What makes sense Gerald, is to monitor one’s own real estate. Install appropriate No Trespassing signs. Photograph any evidence of unapproved trespass…. traps, gun shell casings, vehicle or foot tracks on the property and any other evidence the court would be interested in. Report your findings and evidence to the local law enforcement agency. Insist of “filing a report of criminal trespass, in violation of Penal Code Section 602. Once the formal complaint has been filed, the law enforcement agency of appropriate jurisdiction will have little choice but to “act on the complaint” as your formal complaint is now a matter of public information.

Simply “banning” a practice with a new law on the books. The results are equally “simple”. The finalized law sits on the books for months, years and decades. Few if any citizen is ever aware the law even exists. The best bet is to have the private property owner act to protect h/her property in advance of any unapproved trespass that causes the current problem. Hence the reason I am more inclined to support installing No Trespassing signs on the property, which allows law enforcement to act on the citizen’s formal complaint; rather than sit on an obscure “don’t do it” law that garnered wide support during the hype over the wrong doings, but dwindles to near zero a couple years later.

Prosecuting a criminal trespass complaint is far more effective under California’s Penal Code 602 since IT has been on the books for many years but seldom used by the average citizen. My final word on this is to install the No Trespassing signs, monitor your property for a breach, document the breach and any associated equipment then file a formal complaint with law enforcement. They will act (under PC-602 et seq) if there is positive evidence of having forwarned the trespasser(s) of the law already on the books.

BF

“…….. coordinating production of NO TRESPASSING signs”

Frankly, I have not heard of anyone in particular who may be setting that up. Maybe someone who reads this will reply with the information.

BF