Exactly. At least in the old days, when you were innocent until proven guilty, if there is no pin there, how can they prove that you did not cross that exactly the corner? Furthermore, you have the advantage of having shown good intent.
Very rubbery word, reasonable is. If Randy can helicopter in, and he has, then why not everyone else?
Burden of proof is on them. But I certainly understand your reluctance to cross. Not everyone has BHA standing behind them to fund their defense.
Rubbery word, yes, but in legal context used regularly with plenty of case law to support it. I believe it’s defined as “what a reasonable person would do or think under a similar set of circumstances” or something like that. No better way to set that bar for any situation than thru a jury of your peers. Hopefully that jury isn’t stacked with billionaire landowners. It would be hard for appellate courts to overturn 12 of your randomly selected peers as it relates to what’s reasonable.
Which IMO puts BHA ahead of every other hunting-conservation group on the topic of public access to corner-blocked public land. RMEF supports big conservation easements and land transfers, TRCP emphasizes accurate mapping, both important missions. I rejoined and support BHA because of their corner-crossing advocacy.
I have thought about this a lot given a relative is being pulled into a property line dispute on a home they owned 15 years ago, and this is the middle of the city. The general thought is everyone knows a lot of these pins are in the "wrong" spot. So I have a lot of questions. Did the precision get a lot better when we sent satellites into space and use those to find the geo points? Does it account for continental drift? We need an expert, on at least semi-expert on this stuff.
The way the case was won, both at the civil and criminal/local/district court, was the exact location is known.
Yes TOGIE, a common sense kind of guy. It seems such issues generate unnecessary angst in many folks who get negatively wrapped around the axle of specific sub-issues such as accuracy of pins and fences possibly not exactly marking the correct boundary. Is the crossing four inches wide ... four feet ... four yards? Likely those issues get sorted out and resolved by some just kinda common sense guys. So for now take the win and be happy with increased public access to public lands.i like to think that for the sake of corner crossing, in that moment of time, that pin is basically divine fact regardless of it's correctness. i couldn't imagine you could charge someone based on the idea that the pin was off.
i suspect property disputes are a whole different can of worms. but, even so, wouldn't you think that until the property dispute is settled the current state of correctness of say, in this case a pin, remains as is until decided otherwise?
but hell if i know, i'm just some guy
Au Contraire! It was not my angst of which I wrote. Read more slowly, Grasshopper.
To be clear - it doesnt matter if the pin is accurate. But if none exists (or at least a fence or some other boundary), and all you have to go on is a phone GPS - good luck.
Au Contraire! It was not my angst of which I wrote. Read more slowly, Grasshopper.
I disagree that no pin = automatic loss in court. Again, burden of proof is on them. So they have to prove (a) exactly where you crossed, and (b) that the location you crossed is not the actual corner. If there’s no pin, they will have a hard time doing that.
Other folks, TOGIE. Don't take posts so personally.
