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October 15, 2018, 09:22:30 pm

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Topic: Unrelated Law Things  (Read 1863 times)

Cheapskate

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« on: September 05, 2017, 06:25:07 pm »
As long as we’re going to have our own subforum, I might as well start a thread where you can ask me about law stuff unrelated to song lyrics, and I’ll provide you with words that are not legal advice and that you should not rely upon. So this is that thread.

SATAN MILKSHAKE

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« Reply #1 on: September 05, 2017, 07:25:50 pm »
Cheapskate is not a law firm
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Victor Laszlo

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« Reply #2 on: September 05, 2017, 07:52:01 pm »
Knowing that this will vary from state to state, or maybe even city to city, can you explain implied easements to me?  Like, this path from this public street onto this public property has been open for 50 years and now there's a locked gate there, and "we never meant for that to be used as an entrance."  Is there some degree to which 50 years of unfettered access sets a precedent - is that a common law entrance now?

Cheapskate

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« Reply #3 on: September 05, 2017, 09:47:55 pm »
Knowing that this will vary from state to state, or maybe even city to city, can you explain implied easements to me?  Like, this path from this public street onto this public property has been open for 50 years and now there's a locked gate there, and "we never meant for that to be used as an entrance."  Is there some degree to which 50 years of unfettered access sets a precedent - is that a common law entrance now?

That depends on what people were doing on that path for fifty years. My state (Idaho) has a pretty common rule for prescriptive easements. (That’s what we call an easement that you get by open use of a property—an implied easement is one you get when you subdivide a single parcel and don’t leave a public right-of-way running onto one of the new parcels.) You get a prescriptive easement if your use of the pathway is:

• open and notorious (you’re crossing the path in a way that people can see you do it, not skulking furtively about)
• continuous and uninterrupted (there wasn’t another closed gate there)
• adverse and under a claim of right (you had reason to believe that you were allowed to cross the path, and the owner didn’t expressly permit you to use the path)
• with the actual or imputed knowledge of the owner of the servient tenement (the guy who owns the path knew, or had reason to know, you were using it)
• for the statutory period of five years (self-explanatory).

Note that third one: if I’m just putting up a sign that says anyone can use the path, it’s not a prescriptive easement. It’s only a prescriptive easement if you don’t have the right to use it, but I’m not stopping you. In this case, a guy loses his prescriptive easement, in part, because the other guys put a lock on the gate, but gave him a key to open the gate.

Because they’re hard to prove, prescriptive easements usually don’t actually happen except in cases where there’s an old surveyor’s error and a road spills onto somebody else’s property.

Baldr

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« Reply #4 on: September 05, 2017, 11:39:43 pm »
Let's say I work on a personal project that ends up making money.  Is my employer legally entitled to that money if I have not signed a contract that states anything produced outside of work belongs to them?  You can assume that I wouldn't be dumb enough to use employer resources on the project, work on it while at the place of employment, or take paid leave (like a sabbatical) to work on the project.

I'm asking because I've spent an hour or two trying to Google this and I've seen every possible answer pop up.  This is the most useful resource I've come across for my situation, but it seems to indicate that the matter hasn't been settled in case law.

Cheapskate

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« Reply #5 on: September 06, 2017, 07:13:56 am »
Let's say I work on a personal project that ends up making money.  Is my employer legally entitled to that money if I have not signed a contract that states anything produced outside of work belongs to them?  You can assume that I wouldn't be dumb enough to use employer resources on the project, work on it while at the place of employment, or take paid leave (like a sabbatical) to work on the project.

I'm asking because I've spent an hour or two trying to Google this and I've seen every possible answer pop up.  This is the most useful resource I've come across for my situation, but it seems to indicate that the matter hasn't been settled in case law.

If an actual IP lawyer is telling you “we don’t know,” then a guy who isn‘t an IP lawyer will also tell you “we don’t know.”
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« Reply #6 on: September 06, 2017, 11:55:23 am »
Knowing that this will vary from state to state, or maybe even city to city, can you explain implied easements to me?  Like, this path from this public street onto this public property has been open for 50 years and now there's a locked gate there, and "we never meant for that to be used as an entrance."  Is there some degree to which 50 years of unfettered access sets a precedent - is that a common law entrance now?

That depends on what people were doing on that path for fifty years. My state (Idaho) has a pretty common rule for prescriptive easements. (That’s what we call an easement that you get by open use of a property—an implied easement is one you get when you subdivide a single parcel and don’t leave a public right-of-way running onto one of the new parcels.) You get a prescriptive easement if your use of the pathway is:

• open and notorious (you’re crossing the path in a way that people can see you do it, not skulking furtively about)
• continuous and uninterrupted (there wasn’t another closed gate there)
• adverse and under a claim of right (you had reason to believe that you were allowed to cross the path, and the owner didn’t expressly permit you to use the path)
• with the actual or imputed knowledge of the owner of the servient tenement (the guy who owns the path knew, or had reason to know, you were using it)
• for the statutory period of five years (self-explanatory).

Note that third one: if I’m just putting up a sign that says anyone can use the path, it’s not a prescriptive easement. It’s only a prescriptive easement if you don’t have the right to use it, but I’m not stopping you. In this case, a guy loses his prescriptive easement, in part, because the other guys put a lock on the gate, but gave him a key to open the gate.

Because they’re hard to prove, prescriptive easements usually don’t actually happen except in cases where there’s an old surveyor’s error and a road spills onto somebody else’s property.

Interesting, thanks.  We are having a neighborhood tiff - the school had an open sidewalk up from one side of the building.  10 years ago they put a gate up without telling anyone.  The community erupted and they agreed to unlock the gate on evenings and weekends.  This evolved into the gate being unlocked all the time because the guy whose job it was to lock it wasn't interested in locking it.  They renovated the school a couple of years ago, which required tearing out the fence and gate and sidewalk.  Open access during renovation.  Then they replaced the pedestrian gate with a vehicle-sized gate, which stood unlocked for over a year, and was used freely by the community.  Last month when school started they locked the gate again and when the community complained they agreed to unlock it evenings and weekends again as before, except this time the gate is always locked because the guy whose job it is isn't interested in unlocking it before he leaves.  The community is petitioning the school to unlock the gate for pickup and dropoff times and the nighborhood armchair lawyers were hoping that the history of access there might be an argument for a prescriptive easement - you have to let us use the gate because in over 50 years there's never been more than half-assed effort to restrict gate use.  It doesn't sound like we are correct, from what you're telling me.



Baldr, just tell the school that you made the project while you were working as an Uber driver and they'll have to sue Uber if they want part of it.

Baldr

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« Reply #7 on: September 06, 2017, 01:33:57 pm »
If an actual IP lawyer is telling you “we don’t know,” then a guy who isn‘t an IP lawyer will also tell you “we don’t know.”

I figured that would be the answer, but I was holding out hope that it might be easier.  Thanks for letting me know I was right to be confused.

Just tell the school that you made the project while you were working as an Uber driver and they'll have to sue Uber if they want part of it.

That's a possibility.  I am bad enough at driving that I could plausibly be employed by Uber.

Cheapskate

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« Reply #8 on: September 06, 2017, 10:26:47 pm »
Interesting, thanks.  We are having a neighborhood tiff - the school had an open sidewalk up from one side of the building.  10 years ago they put a gate up without telling anyone.  The community erupted and they agreed to unlock the gate on evenings and weekends.  This evolved into the gate being unlocked all the time because the guy whose job it was to lock it wasn't interested in locking it.  They renovated the school a couple of years ago, which required tearing out the fence and gate and sidewalk.  Open access during renovation.  Then they replaced the pedestrian gate with a vehicle-sized gate, which stood unlocked for over a year, and was used freely by the community.  Last month when school started they locked the gate again and when the community complained they agreed to unlock it evenings and weekends again as before, except this time the gate is always locked because the guy whose job it is isn't interested in unlocking it before he leaves.  The community is petitioning the school to unlock the gate for pickup and dropoff times and the nighborhood armchair lawyers were hoping that the history of access there might be an argument for a prescriptive easement - you have to let us use the gate because in over 50 years there's never been more than half-assed effort to restrict gate use.  It doesn't sound like we are correct, from what you're telling me.

It’ll depend on what happened before the gate went up, and what the statutory use period is in your state.

Liatai

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« Reply #9 on: April 25, 2018, 07:09:23 am »
I'm kind of surprised no one brought this up already, but here goes.

The ball-kicking contract from F Plus episode 64. What WOULD happen if two guys went into a lawyer's office and wanted to have a contract made whereby the kicked hereby absolves the kicker of any wrongdoing or grievance related to the kicker kicking the kicked in the nuts? :B

We know from previous Song Crimes episodes that you can't consent to getting beaten up. What... what would even happen in that case? x3;

Cheapskate

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« Reply #10 on: April 25, 2018, 07:51:09 am »
I'm kind of surprised no one brought this up already, but here goes.

The ball-kicking contract from F Plus episode 64. What WOULD happen if two guys went into a lawyer's office and wanted to have a contract made whereby the kicked hereby absolves the kicker of any wrongdoing or grievance related to the kicker kicking the kicked in the nuts? :B

We know from previous Song Crimes episodes that you can't consent to getting beaten up. What... what would even happen in that case? x3;

If this happens after the guy gets kicked, and the kicker gives the kickee something in exchange, this is a pretty standard settlement agreement for a personal injury claim. Wouldn’t prevent the cops from arresting the kicker or the state from prosecuting him, though.
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Liatai

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« Reply #11 on: April 25, 2018, 08:46:38 am »
A mystery solved! :D What if it happened before the act, though? Premeditated, agreed-upon groin-kicking?

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« Reply #12 on: April 25, 2018, 04:59:20 pm »
Is it legal for a podcast to be fucking awesome and at the same time to not have released a new episode since February 13th?
Liatai Wyst

Cheapskate

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« Reply #13 on: April 25, 2018, 05:34:59 pm »
A mystery solved! :D What if it happened before the act, though? Premeditated, agreed-upon groin-kicking?

You can’t waive liability for an intentional tort before it happens. Accidental torts, yes (that’s what all the waivers you sign before dangerous activities do): intentional, no.

Liatai

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« Reply #14 on: April 26, 2018, 02:05:07 am »
(Scene; two dudes are in a lawyer's office, having drafted up a ball-kicking contract, as though in the first case.)

Lawyer: So, when did this incident occur?

Dude A: What's today's date?

Lawyer: Let me check. (XX/YY/20ZZ) according to my computer.

Dude A: Awesome!

(Dude A turns to Dude B and nods. Dude B nods as well and they both stand up. Dude B kicks Dude A in the groin.)

Lawyer: What the --

Dude B: It's cool, man. We just wanted to get the paperwork ready before it happened.

Dude A: (whimpering) Y-yeah.... 'cause it's hard to... write stuff after being... kicked in the nads.... y'know? Ow...

Dude B: I gotcha, bro. Just sign and date. Here's the agreed-upon ice pack and ten bucks.

Dude A: Cool... Just slide the contract over, man...

Lawyer: ..... I wish I could say this was the strangest thing I'd seen in practice.

(End scene)
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