Property rights questions

[loose passive]

What am I "free" to do with my land?






Under your ideal politcal system how would you answer these questions?

I have a plot a land that I rightfully purchased from the previous owner who was the legal owner of said property.

Example 1.
On this land I want to dig a hole to put a pool in.
Can I legally do this?

Example 2.
On this land is a river that starts somewhere off my land and ends somewhere off my land. I want to dam this river to make a large lake for me to swim in and water my crops with.
Can I legally do this?

Example 3.
The land I own includes some marshland. I want to fill in the marshland to make a parking lot to store my cars and rv.
Can I legally do this?

Example 4.
I want some shade on my property so I erect a giant umbrella but for a few hours each day now your farmland is now in the shade.
Can I legally do this?

Example 5.
I want to start selling water. I dig a giant well on my land and then begin to pump out much water as physically possible.
Can I legally do this?

[Copernicus]

1. Yes, as long as the pool meets zoning requirements, distance restrictions, safety standards etc.
2. No, you are interfering with the property rights of others.
3. same as 1
4. Probably yes, but there might always be specific exceptions. Eg. change this to "I want some shade on my property so erect a giant umbrella that blocks the ocean view of the neighbor behind me" and the answer is most likely no, because ocean communities have (and should have) restrictions on blocking others views, which devalues their property.
5. Most likely yes, unless the process undermines the stability of the land under neighboring properties or depletes the neighbors water supply.

[BCPVP]

[ QUOTE ]
Example 1.
On this land I want to dig a hole to put a pool in.
Can I legally do this?

[/ QUOTE ]
Certainly.

[ QUOTE ]
Example 2.
On this land is a river that starts somewhere off my land and ends somewhere off my land. I want to dam this river to make a large lake for me to swim in and water my crops with.
Can I legally do this?

[/ QUOTE ]
Without permission from those downstream or agreed-upon compensation? I'd say no, because you are dramatically changing the other peoples' property without permission.

[ QUOTE ]
Example 3.
The land I own includes some marshland. I want to fill in the marshland to make a parking lot to store my cars and rv.
Can I legally do this?

[/ QUOTE ]
You can't fill in marshland that you don't own. For the marshland you do own, sure.

[ QUOTE ]
Example 4.
I want some shade on my property so I erect a giant umbrella but for a few hours each day now your farmland is now in the shade.
Can I legally do this?

[/ QUOTE ]
I'd say yeah. A few hours of shade isn't going to kill anything. Now if it did happen to kill or stunt his crops in that area, he may have a claim against you just as he might if you wafted herbicide out your window and the breeze took it onto his property. It may be something that would get litigated.

[ QUOTE ]
Example 5.
I want to start selling water. I dig a giant well on my land and then begin to pump out much water as physically possible.
Can I legally do this?

[/ QUOTE ]
Sure, why not?

[loose passive]

[ QUOTE ]
[ QUOTE ]
Example 1.
On this land I want to dig a hole to put a pool in.
Can I legally do this?

[/ QUOTE ]
Certainly.

[ QUOTE ]
Example 2.
On this land is a river that starts somewhere off my land and ends somewhere off my land. I want to dam this river to make a large lake for me to swim in and water my crops with.
Can I legally do this?

[/ QUOTE ]
Without permission from those downstream or agreed-upon compensation? I'd say no, because you are dramatically changing the other peoples' property without permission.

[ QUOTE ]
Example 3.
The land I own includes some marshland. I want to fill in the marshland to make a parking lot to store my cars and rv.
Can I legally do this?

[/ QUOTE ]
You can't fill in marshland that you don't own. For the marshland you do own, sure.

[ QUOTE ]
Example 4.
I want some shade on my property so I erect a giant umbrella but for a few hours each day now your farmland is now in the shade.
Can I legally do this?

[/ QUOTE ]
I'd say yeah. A few hours of shade isn't going to kill anything. Now if it did happen to kill or stunt his crops in that area, he may have a claim against you just as he might if you wafted herbicide out your window and the breeze took it onto his property. It may be something that would get litigated.

[ QUOTE ]
Example 5.
I want to start selling water. I dig a giant well on my land and then begin to pump out much water as physically possible.
Can I legally do this?

[/ QUOTE ]
Sure, why not?

[/ QUOTE ]

3. What if this marshland was the only habitat of the rare "freedom frog" and it requires this marsh area to find its only souce of food?

5. [ QUOTE ]
Sure, why not?

[/ QUOTE ]
What if now you have pumped out all the water and your neighbor has no drinking water and sinkholes are appearing on his property?

[Richard Tanner]

[ QUOTE ]
1. Yes, as long as the pool meets zoning requirements, distance restrictions, safety standards etc.
2. No, you are interfering with the property rights of others.
3. same as 1
4. Probably yes, but there might always be specific exceptions. Eg. change this to "I want some shade on my property so erect a giant umbrella that blocks the ocean view of the neighbor behind me" and the answer is most likely no, because ocean communities have (and should have) restrictions on blocking others views, which devalues their property.
5. Most likely yes, unless the process undermines the stability of the land under neighboring properties or depletes the neighbors water supply.

[/ QUOTE ]

What he said.

Cody

[BCPVP]

[ QUOTE ]

3. What if this marshland was the only habitat of the rare "freedom frog" and it requires this marsh area to find its only souce of food?

[/ QUOTE ]
I'd definitely let some zoos know so they could pay me some $$$ for em! [img]/images/graemlins/smile.gif[/img] Then pave away.

[ QUOTE ]
What if now you have pumped out all the water and your neighbor has no drinking water and sinkholes are appearing on his property?

[/ QUOTE ]
If you're damaging his property, then of course not.

[pvn]

[ QUOTE ]
What am I "free" to do with my land?

[/ QUOTE ]

Are you asking under the status quo in the USA?

If so, the answer to all of those is "no, unless you pay off some guy in a suit somewhere else who doesn't have any property right at all in your land."

[Phil153]

I lean toward zero legal interference on private property except when absolutely necessary. Even when the rights of others are marginally infringed. The sanctity of private land is the foundation of peaceful enjoyment of life.

1. Pool - yes. Even if not properly fenced. It doesn't affect your neighbors, and it is your land, your right.

2. Dam river - no. Free flowing waterways are common property. But reasonable measures have to be available where people can use a portion that's not excessive. Seasonal creeks - yes, you should be able to dam them.

3. Fill marshland - yes. The government shouldn't be able to mandate actions based on environmental concerns without properly compensating you. No compensation - you do what you want. With compensation - the government gains the power to stop you in extreme cases. And I'm very much against environmental destruction.

4. Umbrella - yes. The law should generally not intervene unless your actions have a significant effect on others. There has to be some give and take here, and I err towards non interference. I don't agree that you have absolute rights to not be affected by your neighbors going about the ordinary course of their business - it has to be significant. Determining "significance" is a case by case thing. The neighboring farmer should have the right to petition and make a case for why your infringments are egregious.

5. Pumping well - yes. Again the principal of non interference even in the face of competing usage. It would have to be an extreme case to justify action, and even then I don't know if I could infringe the rights of the use of private property.

[Copernicus]

[ QUOTE ]
I lean toward zero legal interference on private property except when absolutely necessary. Even when the rights of others are marginally infringed. The sanctity of private land is the foundation of peaceful enjoyment of life.

1. Pool - yes. Even if not properly fenced. It doesn't affect your neighbors, and it is your land, your right.

2. Dam river - no. Free flowing waterways are common property. But reasonable measures have to be available where people can use a portion that's not excessive. Seasonal creeks - yes, you should be able to dam them.

3. Fill marshland - yes. The government shouldn't be able to mandate actions based on environmental concerns without properly compensating you. No compensation - you do what you want. With compensation - the government gains the power to stop you in extreme cases. And I'm very much against environmental destruction.

4. Umbrella - yes. The law should generally not intervene unless your actions have a significant effect on others. There has to be some give and take here, and I err towards non interference. I don't agree that you have absolute rights to not be affected by your neighbors going about the ordinary course of their business - it has to be significant. Determining "significance" is a case by case thing. The neighboring farmer should have the right to petition and make a case for why your infringments are egregious.

5. Pumping well - yes. Again the principal of non interference even in the face of competing usage. It would have to be an extreme case to justify action, and even then I don't know if I could infringe the rights of the use of private property.

[/ QUOTE ]

Your positions on dams and wells seem to be inconsistent. There is no difference between water that is above or below ground. Your diversion of well water can affect other's water usage just as significantly.

[pvn]

[ QUOTE ]
Your positions on dams and wells seem to be inconsistent. There is no difference between water that is above or below ground. Your diversion of well water can affect other's water usage just as significantly.

[/ QUOTE ]

And of course, either can be homesteaded.